Exempts from disclosure on the freedom of information law, the issuance of pistol permits to active and retired police officers, peace officers and correction officers

6 Co-sponsors

• John J. Flanagan
• Patrick M. Gallivan
• George D. Maziarz
• Michael F. Nozzolio
• Michael H. Ranzenhofer
• Lee M. Zeldin

BILL NUMBER:S2131

Title of bill

An act to amend the public officers law, in relation to exempting the disclosure, under the freedom of information law, of the name of any police officer, peace officer, correction officer, or retired police officer, peace officer or correction officer issued a license to carry or possess a firearm

Purpose

This legislation would prohibit the names and addresses of active or retired of any police officer, peace officer or correction officer from being released by the Freedom of Information Law (FOIL) other than law enforcement.

Summary of provisions

Section 1 Subdivision 2 of section 87 of the public officers law; As added by Section 12 of part II of Chapter 59 of the laws of 2010, are amended and a new paragraph (m) is added to read as follows; external audits, including but not limited to audits performed by the comptroller and the federal government OR are examination questions or answers which are requested prior to the final administration of such questions. (m) is information related to the issuance, pursuant to article four of the penal law, of any license to carry or posses firearms when such license is issued to a police officer, as defined in article two of the criminal procedure law, a peace officer, as defined in article two of the criminal procedure law, a correction officer employed by the department of corrections and community supervision or a county or city operating a local correctional facility, or any person retired from active service as a police officer, peace officer or correction officer; provided, however, that no provision of this paragraph shall be deemed to prohibit the disclosure of such information to a law enforcement agency for the purpose of conducting an investigation or prosecution.

Justification

A police officer, peace officer or correctional officer's job can be dangerous and stressful.

In the course of their jobs, they routinely warn or otherwise prevent individuals from committing criminal acts. Officers routinely issue and in some cases issue summonses and arrest offenders. Every encounter is potentially dangerous. These officers know that while they are performing their duties they may be the target of those who have a personal dislike for officers or contempt for authority. Each officer understands that they could be in harm's way while reporting for duty but this goes beyond the reasonable demands of the job for officers and their families to be placed in danger of someone coming to their homes and possibly causing harm.

Currently, The Freedom of Information Law (FOIL) is lawfully permitted to disclose their home addresses and names allowing potential criminals to annoy harass, threaten or in a worst-case scenario commit acts of violence to them and their families. Further more in this ever-growing age of technology and social media, the threat becomes ever more dangerous, when simply posting such information on a website can instantly disseminate it to any person.

Legislative history

This is a new bill.

Fiscal implications

None to New York State.

Effective date

This legislation will take effect immediately.