What's happening
This bill allows civilian complaint review boards to petition courts for access to police personnel records in cases of police shootings or misconduct.
Why it matters
Empowers civilian oversight. By allowing civilian complaint review boards to petition courts for police personnel records, the bill strengthens the ability of independent bodies to investigate police shootings and misconduct, potentially increasing transparency and accountability in law enforcement.
Balances privacy with public interest. The requirement for court approval means records are not automatically disclosed, but are accessible when a judge determines the need outweighs privacy concerns. This could reassure both officers and the public regarding fair process.
Could improve trust in investigations. Granting review boards access to relevant records may lead to more thorough investigations, which could help address public skepticism about the integrity of police misconduct probes and build community trust in outcomes.
May set a precedent for other reforms. If successful, this approach of limited, court-mediated access could inform future changes to oversight and transparency laws in policing and public service sectors.
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Who cares
Civilian complaint review board members
Members of boards responsible for investigating police misconduct could petition a court for disclosure of all personnel records relating to an officer involved in a police shooting or police misconduct.
Police officers involved in shootings or misconduct
Their personnel records could be disclosed under a court order sought by a civilian complaint review board member.
Police agencies and departments
Agencies holding the personnel records could face court orders permitting disclosure through the petition process the bill would establish.
Headline styles
Let Review Boards Access Records
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4214
2019-2020 Regular Sessions
IN SENATE
March 4, 2019
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
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 complaint review board that is responsible for investigating police
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00130-01-9
S. 4214 2
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.
Sponsor's memo
Title of bill
An act to amend the civil rights law, in relation to civilian complaint review boards
Purpose
To allow members of civilian complaint review boards that are investi- gating complaints of police misconduct to petition the court for an order permitting disclosure of all personnel records relating to an officer involved in a police shooting or misconduct and the subject of a civilian complaint.
Summary of provisions
Section 1 of the bill amends section 50-a of the civil rights law, as amended by chapter 62 of the laws of 2011, to allow any member of a civilian complaint review board that is responsible for investigating police misconduct to petition the court for an order permitting disclo- sure of all evidence obtained during a grand jury proceeding for cases that deal with a police shooting or police misconduct.
Existing law
Current law considers all personnel records used to evaluate performance toward continued employment or promotion and under the control of any police agency or department of the state or political subdivision there- of to be confidential and not subject to inspection or review absent the written consent of the subject of the personnel record.
Justification
This bill will allow civilian complaint review boards to evaluate accu- sations of police misconduct in a much more thorough manner. The public would be better served, as all perceptions of covering up inappropriate police conduct would be dispelled due to the ability of the civilian complaint review board to review evidence of every aspect of the alleged misconduct.
Legislative history
2017-18: S3279 - referred to Codes 2015-2016: S.1596/A.2366 - Referred to Codes 2013-2014: S.2628/A.1016 - Died in Codes/Died in Gov't Ops 2011-2012: S.1106/A.768 - Referred to Codes/Gov't Ops 2009-2010: S.1779/A.4053 Referred to Codes/Governmental Operations 2008-2009: S.8423
Fiscal implications
None.
Local 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.