What's happening
This bill prohibits public disclosure of unsubstantiated or unfounded complaints, allegations, and charges against law enforcement officers.
Why it matters
Limits public access to information about law enforcement personnel. by making it mandatory (not optional) for agencies to redact and withhold complaints or charges that are unsubstantiated or found to be false, potentially reducing transparency about officers' conduct histories.
Redefines key terms around complaint substantiation. , establishing specific legal definitions for "unsubstantiated" (insufficient evidence either way) and "unfounded" (credible evidence the act did not occur) complaints—this could affect how records are categorized and what information is shielded from the public.
May impact oversight, accountability, and public trust. by making it harder for the public, media, and oversight bodies to detect patterns of repeated complaints—even if individually unproven—which some argue is important for identifying problematic behavior within law enforcement agencies.
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Who cares
Headline styles
Limit Police Record Disclosure
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
147
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. PALUMBO, GALLIVAN, MATTERA, OBERACKER, STEC, WEIK -read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the public officers law, in relation to prohibiting the public disclosure of unsubstantiated or unfounded complaints, allegations and charges made against law enforcement officers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 86 of the public officers law is amended by adding two new subdivisions 12 and 13 to read as follows:
12. "Unsubstantiated complaint, allegation or charge" means any complaint, allegation or charge against a person employed by a law enforcement agency as defined in this section as a police officer, peace officer, or firefighter or firefighter/paramedic where the evidence is insufficient to determine whether the person employed by a law enforcement agency did or did not commit misconduct.
13. "Unfounded complaint, allegation or charge" means any complaint, allegation or charge against a person employed by a law enforcement agency as defined in this section as a police officer, peace officer, or firefighter or firefighter/paramedic where there is sufficient credible evidence to believe that the subject employed by a law enforcement agency did not commit the alleged act.
§ 2. Subdivision 4-b of section 87 of the public officers law, as added by chapter 96 of the laws of 2020, is amended to read as follows:
4-b. A law enforcement agency responding to a request for law enforcement disciplinary records, as defined in section eighty-six of this article, [may] shall redact any portion of such record containing the information specified in subdivision two-c of section eighty-nine of this article prior to disclosing such record under this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00649-01-5
§ 3. Subdivision 2-c of section 89 of the public officers law, as added by chapter 96 of the laws of 2020, is amended to read as follows:
2-c. For records that constitute "law enforcement disciplinary records" as defined in subdivision six of section eighty-six of this article, a law enforcement agency [may] shall redact records pertaining to technical infractions as defined in subdivision nine of section eighty-six of this article and records pertaining to complaints, allegations and charges against a person employed by a law enforcement agency that are unsubstantiated or unfounded as defined by subdivisions twelve and thirteen of section eighty-six of this article prior to disclosing such records under this article.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
PURPOSE::
To ensure that complaints made available for public records regarding law enforcement officers are substantiated.
SUMMARY OF PROVISIONS::
Section 1. Amends the public officers' law to define "unsubstantiated complaint, allegation or charge" and "unfounded complaint, allegation or charge".
Section 2. Requires that records pertaining to technical infractions shall be redacted when a law enforcement agency responds to a request for law enforcement disciplinary records.
Section 3. Requires the redaction of records pertaining to complaints, allegations and charges that are unsubstantiated or unfounded prior to disclosure of law enforcement disciplinary records.
Section 4. Sets for the effective date.
JUSTIFICATION::
In 1976, section 50-a of the civil rights law was enacted to prevent the harassment of officers choosing to testify in court and to protect such officers from "fishing expeditions" by criminal defense attorneys who could use unsubstantiated complaints to impugn an officer's character during cross examination. The law, which applied to police, peace and correction officers as well as firefighters, did allow for records to be disclosed by court order when a legitimate need has been demonstrated, however in recent years, there have been concerns that the law has been applied in a manner that shields records beyond the statute's original intent. Considering this, legislation was recently signed into law to repeal 50-a of the civil rights law and reopen the public access of such disciplinary records, regardless of a specific need being demonstrated.
Unfortunately, this repeal did not apply appropriate safeguards to prevent the harassment of police and other first responders or prevent the misuse of these records. While it is critical that anyone who abuses their position of authority or trust is appropriately disciplined, utilizing unsubstantiated or unfounded complaints made against officers, jeopardizes the integrity of the legal process and the safety of these men and women and their families. New York State law recognizes the importance of protecting individuals from the exposure of unsubstanti- ated and unfounded accusations of misconduct as such protections exist in statute for teachers and physicians for example. Unfortunately, the repeal of 50-a without appropriate safeguards, jeopardizes not only the safety and reputations of great officers but it jeopardizes the safety of crime victims as well given the fact that 50-a was initially insti- tuted to ensure officers could safely testify in court on behalf of victims. This bill seeks to address and correct the stark oversight that was enacted as part of the repeal of 50-a and brings parity to protections provided individuals employed in other public facing professions by preventing the public disclosure of unfounded claims as well as technical infractions.
LEGISLATIVE HISTORY::
2024 S.4595; 2020 S.8674
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.