New York A 292: Allows access to sealed records and certain confidential records by the New York city civilian complaint review board in furtherance of the board's duties and functions

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A00292 Summary:

BILL NOA00292 

&nbsp

SAME ASSAME AS S04966

&nbsp

SPONSORCruz

&nbsp

COSPNSRGibbs, Gonzalez-Rojas, Walker, Davila, Simone, Cunningham, Bichotte Hermelyn, Lee

&nbsp

MLTSPNSR

&nbsp

Add §442, NYC Chart

&nbsp

Allows access to sealed records and certain confidential records by the New York city civilian complaint review board in furtherance of the board's duties and functions.

Go to top A00292 Actions:

BILL NOA00292 

&nbsp

01/08/2025referred to cities

01/07/2026referred to cities

Go to topA00292 Committee&nbspVotes:

Go to topA00292 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00292 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 292

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. CRUZ, GIBBS, GONZALEZ-ROJAS, WALKER, DAVILA,
 SIMONE, CUNNINGHAM -- read once and referred to the Committee on
 Cities

 AN ACT to amend the New York city charter, in relation to allowing
 access to sealed records and certain confidential records by the New
 York city civilian complaint review board in furtherance of the
 board's duties and functions

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

 1 Section 1. The New York city charter is amended by adding a new
 2 section 442 to read as follows:
 3 § 442. Access to sealed records. a. Notwithstanding any provision of
 4 any general, special or local law to the contrary, the board shall be
 5 granted access to and may receive from any public agency of the state of
 6 New York or any political subdivision thereof any record that is other-
 7 wise sealed in accordance with applicable law in furtherance of the
 8 board's duties and functions pursuant to this chapter, or a copy of such
 9 record, which shall be deemed to be a "sealed record" for purposes of
 10 this section, subject to the requirements set forth in this section.
 11 b. Access to records received by the board pursuant to this section
 12 shall be restricted to members and employees of the board who have
 13 direct involvement in a matter requiring use of such records, provided
 14 that the board may disclose any record obtained pursuant to this section
 15 to a public agency for the purpose of a referral for prosecution or
 16 investigation, or in furtherance of a disciplinary proceeding, in
 17 accordance with applicable law. In addition, such record may be shared
 18 with the employee of the police department who is the subject of a
 19 disciplinary proceeding or such employee's representative, subject to
 20 the requirements of this section, any applicable provisions of the
 21 protocols described in paragraph two of subdivision e of this section,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00172-01-5

 A. 292 2

 1 and any other appropriate conditions that may be imposed by an adminis-
 2 trative law judge, hearing officer, court or other adjudicative body to
 3 ensure the continued confidentiality of such record.
 4 c. Upon receiving a sealed record from a public agency, sharing or
 5 transferring a sealed record to a public agency, employee of the police
 6 department who is the subject of a disciplinary proceeding or such
 7 employee's representative, or destroying or returning all copies of such
 8 record pursuant to this section, the board shall as soon as practicable
 9 notify, by first-class mail the person who is the subject of the action
 10 or proceeding for which the record was sealed, and the representative
 11 that represented such person at the time of the termination of such
 12 action or proceeding, at the addresses provided by such person and such
 13 person's representative during such action or proceeding, or at any
 14 other current addresses that can reasonably be ascertained by the board.
 15 d. When the board has no further need in furtherance of its duties and
 16 functions pursuant to this chapter to maintain a sealed record obtained
 17 from a public agency pursuant to this section, all copies of such record
 18 shall be destroyed or, at such public agency's direction, be returned to
 19 such agency in a manner preserving the confident