New York S 4637: Relates to the disclosure of law enforcement personnel records; repealer

Bill Text

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S04637 Summary:

BILL NOS04637 

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SAME ASNo Same As

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SPONSORWEIK

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COSPNSRPALUMBO, RHOADS

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MLTSPNSR

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Add §50-a, Civ Rts L; rpld §86 subs 6 - 9, §87 subs 4-a & 4-b, §89 subs 2-b & 2-c, Pub Off L

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Relates to the disclosure of law enforcement personnel records; provides that law enforcement personnel records shall be considered confidential and not subject to inspection or review without the express written consent of such law enforcement officers except as mandated by lawful court order.

Go to top S04637 Actions:

BILL NOS04637 

&nbsp

02/10/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS04637 Committee&nbspVotes:

Go to topS04637 Floor&nbspVotes:

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

Go to topS04637 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4637

 2025-2026 Regular Sessions

 IN SENATE

 February 10, 2025
 ___________

 Introduced by Sen. WEIK -- 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 the disclosure of
 law enforcement personnel records; and to repeal certain provisions of
 the public officers law relating thereto

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

 1 Section 1. The civil rights law is amended by adding a new section
 2 50-a to read as follows:
 3 § 50-a. Personnel records of police officers, firefighters and
 4 correction officers. 1. All personnel records used to evaluate perform-
 5 ance toward continued employment or promotion, under the control of any
 6 police agency or department of the state or any political subdivision
 7 thereof including authorities or agencies maintaining police forces of
 8 individuals defined as police officers in section 1.20 of the criminal
 9 procedure law and such personnel records under the control of a sher-
 10 iff's department or a department of correction of individuals employed
 11 as correction officers and such personnel records under the control of a
 12 paid fire department or force of individuals employed as firefighters or
 13 firefighter/paramedics and such personnel records under the control of
 14 the department of corrections and community supervision for individuals
 15 defined as peace officers pursuant to subdivisions twenty-three and
 16 twenty-three-a of section 2.10 of the criminal procedure law and such
 17 personnel records under the control of a probation department for indi-
 18 viduals defined as peace officers pursuant to subdivision twenty-four of
 19 section 2.10 of the criminal procedure law shall be considered confiden-
 20 tial and not subject to inspection or review without the express written
 21 consent of such police officer, firefighter, firefighter/paramedic,
 22 correction officer or peace officer within the department of corrections
 23 and community supervision or probation department except as may be
 24 mandated by lawful court order.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08925-01-5

 S. 4637 2

 1 2. Prior to issuing such court order the judge must review all such
 2 requests and give interested parties the opportunity to be heard. No
 3 such order shall issue without a clear showing of facts sufficient to
 4 warrant the judge to request records for review.
 5 3. If, after such hearing, the judge concludes there is a sufficient
 6 basis such judge shall sign an order requiring that the personnel
 7 records in question be sealed and sent directly to such judge. The judge
 8 shall then review the file and make a determination as to whether the
 9 records are relevant and material in the action before such judge. Upon
 10 such a finding the court shall make those parts of the record found to
 11 be relevant and material available to the persons so requesting.
 12 4. The provisions of this section shall not apply to any district
 13 attorney or such district attorney's assistants, the attorney general or
 14 such attorney general's deputies or assistants, a county attorney or
 15 such county attorney's deputies or assistants, a corporation counsel or
 16 such corporation counsel's deputie