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A53Assembly2017-2018 SessionSame asS3279

Let Review Boards See Records

Official title

“Provides civilian review boards with the option to petition the court for an order that would permit the disclosure of all personnel records of certain officers”

Sponsor David GanttAD-137
Status
In Assembly Committee
Governmental Operations
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Governmental Operations

What's happening

This bill allows civilian complaint review boards to request court-ordered access to police personnel records related to shootings or misconduct.

Why it matters

  1. Empowers civilian oversight. By allowing civilian complaint review boards to petition courts for access to police personnel records in cases of shootings or misconduct, the bill strengthens independent oversight of law enforcement agencies.

  2. Increases transparency. The amendment creates a formal pathway for review boards to obtain confidential records, which could lead to greater transparency around how police misconduct and use-of-force incidents are handled internally.

  3. Potential for improved accountability. Easier access to relevant personnel records may help review boards identify patterns of problematic behavior or systemic issues, potentially leading to more effective recommendations and reforms.

  4. Judicial safeguard. The requirement for a court order ensures that record access is not automatic, balancing transparency interests with privacy and due process protections for officers.

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Who cares

Headline styles

Let Review Boards See Records

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Gantt

Assembly Member · Assembly District 137

No co-sponsors yet.

History

  1. Referred to governmental operations
  2. Referred to governmental operations

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S3279Senate

Let Review Boards See Records

In Senate Committee · Codes · Sponsor Kevin S. Parker

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

53

2017-2018 Regular Sessions

IN ASSEMBLY (Prefiled)

January 4, 2017

Introduced by M. of A. GANTT -- read once and referred to the Committee on Governmental Operations

AN ACT to amend the civil rights law, in relation to civilian complaint review boards

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 1 of section 50-a of the civil rights law, as amended by chapter 516 of the laws of 2014, is amended to read as follows:

1. 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 individuals defined as peace officers pursuant to subdivision twenty-four of section 2.10 of the criminal procedure law 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 except as may be mandated by lawful court order, and except that a member of a civilian

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02047-01-7

A. 53 2

complaint review board that is responsible for investigating police misconduct may petition the court for an order permitting disclosure of all personnel records if those records relate to an officer who was involved in a police shooting or police misconduct.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.