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History
- Referred to codes
- Referred to codes
Full text
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Sponsor's memo
BILL NUMBER:S5128
Title of bill
An act to amend the civil rights law, in relation to the confidentiality of certain personnel records maintained by the department of taxation and finance
Purpose
To amend the Civil Rights Law so as to include police officers and peace officers employed by the Department of Taxation and Finance within the group of law enforcement and public safety officials whose personnel records are deemed confidential by statute.
Summary of provisions
The bill would amend Section 50-a of the Civil Rights Law to render confidential the personnel files of those individuals in the Department of Taxation and Finance who hold peace officer status pursuant to section 2.10 of the Criminal Procedure Law (CPL) or police officer status pursuant to section 1.20 of the CPL.
Existing law
Presently, Section 50-a of the Civil Rights Law renders confidential the personnel files of police officers, State and county correction officers, firefighters and firefighter/paramedics, and parole officers. Such records may only be reviewed or inspected with the consent of the affected employee or pursuant to a lawful court order.
Justification
This bill grants protection to law enforcement personnel employed by the Department of Taxation and Finance, similar to that granted to other law enforcement personnel and firefighters, and most recently to Parole Officers by Chapter 137 of the Laws of 2002. The Department of Taxation and Finance is responsible for enforcing criminal laws that relate to taxes including taxes on cigarettes and tobacco products, alcoholic beverages, gasoline and sales and use taxes. The Department employs law enforcement professionals who are authorized under the Criminal Procedure Law to exercise the powers of police officers and peace officers in enforcing these tax laws. Their duties include criminal investigations, serving warrants, and making arrests. These duties expose them to the same risks as other law enforcement officers and they must maintain similar levels of physical fitness to perform their duties. They should therefore be granted the same type of protection as that offered to other law enforcement professionals.
In the absence of this protection, a person who is the subject of a criminal investigation by these law enforcement officers could obtain access to the personnel records of an enforcement officer. which could reveal that officer's home address and other information that could be used to threaten or harass an officer or their family. The law has recognized the need for this confidentiality for other law enforcement personnel. Since these employees of the Department of
Taxation & Finance also perform law enforcement duties, they need similar protection.
Legislative history
Bill S.1295 passed the Senate in 2007 and 2008. Bill S.2159 passed the Senate in 2005 and 2006.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.