What's happening
This bill removes certain exemptions from public records access when law enforcement purposes involve charges under Penal Law Article 496 or similar federal laws.
Why it matters
Narrows police secrecy. By removing the exemption for withholding records when law enforcement is investigating or prosecuting crimes under Penal Law Article 496 (relating to hate crimes or terrorism), the bill increases the transparency of police and agency actions in these sensitive cases.
Facilitates public oversight. The change enables individuals, journalists, and advocacy groups to access records that were previously shielded, potentially uncovering misuse or overreach in how authorities pursue certain criminal charges.
Aligns state and federal transparency. By including "comparable federal statute," the amendment closes loopholes, ensuring that agencies cannot simply withhold records under the guise of federal law enforcement if the underlying charges are similar to those under Article 496.
Potential impact on civil rights. The bill could empower communities and watchdog organizations to monitor whether hate crime and terrorism laws are being applied fairly and lawfully, supporting broader accountability in the justice system.
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Who cares
Headline styles
Limit Agency Record Exemptions
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Ordered to third reading cal.1521
- Referred to rules
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8903
IN SENATE
June 1, 2018
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the public officers law, in relation to exemptions for access to agency records
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 87 of the public officers law is amended by adding a new subdivision 2-a to read as follows:
2-a. The exemption provided for in paragraph (e) of subdivision two of this section shall not be applicable to any individual, government agency, or executive department when the law enforcement purpose relates to criminal charges under article four hundred ninety-six of the penal law or comparable federal statute.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16160-01-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public officers law, in relation to exemptions for access to agency records
Purpose or general idea of bill
To clarify that the Freedom of Information Law exemption for law enforcement purposes shall not apply to an individual, government agen- cy, or executive department when such record relates to criminal charges regarding public corruption, which ensures that the public may access such records.
Summary of specific provisions
Section 1- clarifies that the FOIL exemption for law enforcement purposes shall not apply to any individual, government agency, or execu- tive department when such record relates to criminal charges regarding public corruption.
Section 2 - provides that this act shall take effect immediately.
Justification
Transparency is critical to the democratic process. A recent legal battle between the Executive and the New York Times over records regard- ing a former high-level Executive employee highlights the need for clar- ity regarding the law enforcement exemption to FOIL.
The effect of this bill would be to clarify that the FOIL exemption for law enforcement purposes shall not apply to any individual, government agency, or executive department when such record relates to criminal charges regarding public corruption.
Prior legislative history
New Bill.
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.