Senate Bill S511

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    511
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to  amend  the  civil  rights  law,  in  relation  to  preventing
   unfounded  complaints  against  police officers, peace officers, fire-
   fighters, correction officers and emergency medical service  providers
   from being disclosed or added to a personnel record
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil rights law is amended by  adding  a  new  section
 50-a to read as follows:
   §  50-A.  PERSONNEL  RECORDS OF POLICE OFFICERS, PEACE OFFICERS, FIRE-
 FIGHTERS, CORRECTION OFFICERS AND EMERGENCY MEDICAL  SERVICE  PROVIDERS.
 1.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "PERSONNEL RECORD" SHALL
 MEAN ALL PERSONNEL RECORDS USED TO EVALUATE PERFORMANCE TOWARD CONTINUED
 EMPLOYMENT OR PROMOTION, UNDER THE  CONTROL  OF  ANY  POLICE  AGENCY  OR
 DEPARTMENT  OF  THE STATE OR ANY POLITICAL SUBDIVISION THEREOF INCLUDING
 AUTHORITIES OR AGENCIES MAINTAINING POLICE FORCES OF INDIVIDUALS DEFINED
 AS POLICE OFFICERS IN SECTION 1.20 OF THE  CRIMINAL  PROCEDURE  LAW  AND
 SUCH  PERSONNEL RECORDS UNDER THE CONTROL OF A SHERIFF'S DEPARTMENT OR A
 DEPARTMENT OF CORRECTION OF INDIVIDUALS EMPLOYED AS CORRECTION  OFFICERS
 AND  SUCH  PERSONNEL RECORDS UNDER THE CONTROL OF A PAID FIRE DEPARTMENT
 OR    FORCE    OF    INDIVIDUALS    EMPLOYED    AS    FIREFIGHTERS    OR
 FIREFIGHTER/PARAMEDICS  AND  SUCH PERSONNEL RECORDS UNDER THE CONTROL OF
 THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION FOR  INDIVIDUALS
 DEFINED  AS  PEACE  OFFICERS  PURSUANT  TO SUBDIVISIONS TWENTY-THREE AND
 TWENTY-THREE-A OF SECTION 2.10 OF THE CRIMINAL PROCEDURE  LAW  AND  SUCH
 PERSONNEL  RECORDS UNDER THE CONTROL OF A PROBATION DEPARTMENT FOR INDI-
 VIDUALS DEFINED AS PEACE OFFICERS PURSUANT TO SUBDIVISION TWENTY-FOUR OF
 SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW AND  SUCH  PERSONNEL  RECORDS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02131-01-5
 S. 511                              2
 
 UNDER  THE CONTROL OF AN EMERGENCY MEDICAL SERVICE PROVIDER WHO PROVIDES
 EMERGENCY MEDICAL SERVICE AS DEFINED IN SECTION THREE  THOUSAND  ONE  OF
 THE  PUBLIC  HEALTH  LAW  FOR  INDIVIDUALS WHO PROVIDE EMERGENCY MEDICAL
 SERVICES.
   2.  (A)  ANY  PART  OF  A  PERSONNEL RECORD WHICH CONTAINS INFORMATION
 REGARDING A COMPLAINT  WHICH  WAS  INVESTIGATED  AND  DETERMINED  TO  BE
 UNFOUNDED SHALL BE CONSIDERED CONFIDENTIAL AND NOT SUBJECT TO INSPECTION
 OR  REVIEW  WITHOUT  THE EXPRESS WRITTEN CONSENT OF SUCH POLICE OFFICER,
 FIREFIGHTER, FIREFIGHTER/PARAMEDIC, CORRECTION OFFICER OR PEACE  OFFICER
 WITHIN  THE  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION OR
 PROBATION DEPARTMENT, OR EMERGENCY MEDICAL SERVICE  PROVIDER  EXCEPT  AS
 MAY BE MANDATED BY LAWFUL COURT ORDER.
   (B)  PRIOR  TO ISSUING SUCH COURT ORDER THE JUDGE MUST REVIEW ALL SUCH
 REQUESTS AND GIVE INTERESTED PARTIES THE OPPORTUNITY  TO  BE  HEARD.  NO
 SUCH  ORDER  SHALL  ISSUE WITHOUT A CLEAR SHOWING OF FACTS SUFFICIENT TO
 WARRANT THE JUDGE TO REQUEST RECORDS FOR REVIEW.
   (C) IF, AFTER SUCH HEARING, THE JUDGE CONCLUDES THERE IS A  SUFFICIENT
 BASIS, THE JUDGE SHALL SIGN AN ORDER REQUIRING THAT THE RELEVANT PORTION
 OF SUCH PERSONNEL RECORDS IN QUESTION BE SEALED AND SENT DIRECTLY TO THE
 COURT.  THE JUDGE SHALL THEN REVIEW THE FILE AND MAKE A DETERMINATION AS
 TO WHETHER THE RELEVANT PORTION OF SUCH RECORDS ARE RELEVANT AND MATERI-
 AL IN SUCH ACTION. UPON SUCH A FINDING THE COURT SHALL MAKE THOSE  PARTS
 OF THE RECORD FOUND TO BE RELEVANT AND MATERIAL AVAILABLE TO THE PERSONS
 SO REQUESTING.
   3.  NO  INFORMATION  REGARDING  A  COMPLAINT AGAINST A POLICE OFFICER,
 PEACE OFFICER, FIREFIGHTER, CORRECTION  OFFICER,  OR  EMERGENCY  MEDICAL
 SERVICE  PROVIDER  WHICH WAS INVESTIGATED AND DETERMINED TO BE UNFOUNDED
 SHALL BE INCLUDED IN SUCH POLICE OFFICER,  PEACE  OFFICER,  FIREFIGHTER,
 CORRECTION  OFFICER,  OR  EMERGENCY MEDICAL SERVICE PROVIDER'S PERSONNEL
 RECORD.
   4. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  ANY  DISTRICT
 ATTORNEY  OR THEIR ASSISTANTS, THE ATTORNEY GENERAL OR THEIR DEPUTIES OR
 ASSISTANTS, A COUNTY ATTORNEY OR THEIR DEPUTIES OR ASSISTANTS, A  CORPO-
 RATION COUNSEL OR THEIR DEPUTIES OR ASSISTANTS, A TOWN ATTORNEY OR THEIR
 DEPUTIES  OR ASSISTANTS, A VILLAGE ATTORNEY OR THEIR DEPUTIES OR ASSIST-
 ANTS, A GRAND JURY, OR ANY  AGENCY  OF  GOVERNMENT  WHICH  REQUIRES  THE
 RECORDS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, IN THE FURTHERANCE
 OF THEIR OFFICIAL FUNCTIONS.
   § 2. This act shall take effect immediately.