New York S 4568: Relates to the disclosure of law enforcement disciplinary records

Bill Text

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S04568 Summary:

BILL NOS04568 

&nbsp

SAME ASSAME AS A04868

&nbsp

SPONSORBAILEY

&nbsp

COSPNSRBRISPORT, COMRIE, FERNANDEZ, JACKSON, SALAZAR

&nbsp

MLTSPNSR

&nbsp

Amd §§87 & 89, Pub Off L

&nbsp

Requires the disclosure of certain information when an agency responds to a request for law enforcement disciplinary records, including information a victim alleges regarding sexual misconduct.

Go to top S04568 Actions:

BILL NOS04568 

&nbsp

02/07/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

01/07/2026REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Go to topS04568 Committee&nbspVotes:

Go to topS04568 Floor&nbspVotes:

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

Go to topS04568 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4568

 2025-2026 Regular Sessions

 IN SENATE

 February 7, 2025
 ___________

 Introduced by Sens. BAILEY, BRISPORT, FERNANDEZ, JACKSON, SALAZAR --
 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 the disclosure
 of law enforcement officer's disciplinary records

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

 1 Section 1. Section 87 of the public officers law is amended by adding
 2 a new subdivision 4-c to read as follows:
 3 4-c. An agency responding to a request for law enforcement discipli-
 4 nary records as defined in section eighty-six of this article shall not
 5 deny access to such records or portions thereof on the grounds that such
 6 records:
 7 (a) constitute an unwarranted invasion of personal privacy as
 8 described in paragraph (b) of subdivision two of this section because
 9 such records concern complaints, allegations, or charges that have not
 10 yet been determined, did not result in disciplinary action, or resulted
 11 in a disposition or finding other than substantiated or guilty;
 12 (b) are compiled for law enforcement purposes as described in para-
 13 graph (e) of subdivision two of this section;
 14 (c) are inter-agency or intra-agency materials as described in para-
 15 graph (g) of subdivision two of this section;
 16 (d) are or were designated as confidential, secret, or otherwise
 17 private by a private agreement, including but not limited to a settle-
 18 ment, stipulation, contract, or collective bargaining agreement; or
 19 (e) were created prior to the effective date of this subdivision.
 20 § 2. Paragraphs (c) and (d) of subdivision 2-b of section 89 of the
 21 public officers law, as added by chapter 96 of the laws of 2020, are
 22 amended and a new paragraph (e) is added to read as follows:
 23 (c) any social security numbers; [or]

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08672-01-5

 S. 4568 2

 1 (d) disclosure of the use of an employee assistance program, mental
 2 health service, or substance abuse assistance service by a person
 3 employed by a law enforcement agency as defined in section eighty-six of
 4 this article as a police officer, peace officer, or firefighter or
 5 firefighter/paramedic, unless such use is mandated by a law enforcement
 6 disciplinary proceeding that may otherwise be disclosed pursuant to this
 7 article[.]; or
 8 (e) the name or other personal identifying information of a person
 9 included in a law enforcement disciplinary record, where that person is
 10 alleged to have been the victim of sexual misconduct. For the purposes
 11 of this section, the term "sexual misconduct" encompasses misconduct of
 12 a sexual nature or motivated in whole or in part by the person's actual
 13 or perceived gender or gender presentation alleged by a person against a
 14 member of a law enforcement agency. Sexual misconduct includes, but is
 15 not limited to, the following examples of misconduct: verbal, digital,
 16 and written sexual harassment; sexual harassment using physical gestures
 17 and expressions; sexual humiliation; sexual intimidation and coercion;
 18 taking unwarranted photographs or videos or voyeuristic actions; use of
 19 personal information, including telephone numbers, obtained from indi-
 20 viduals in the