New York S 4117: Relates to the sealing of certain claims against law enforcement officers

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S04117 Summary:

BILL NOS04117B

&nbsp

SAME ASSAME AS A02074-C

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSRADDABBO, BAILEY, COONEY, HARCKHAM, MARTINEZ, MATTERA, MURRAY, MYRIE, PERSAUD, ROLISON, RYAN C,
 SKOUFIS, SUTTON

&nbsp

MLTSPNSR

&nbsp

Add §845-f, Exec L; amd §89, Pub Off L

&nbsp

Provides for the sealing of unfounded, exonerated, and pending claims made against law enforcement officers; requires such claims to be redacted from disciplinary records.

Go to top S04117 Actions:

BILL NOS04117B

&nbsp

02/03/2025REFERRED TO CODES

04/04/2025AMEND AND RECOMMIT TO CODES

04/04/2025PRINT NUMBER 4117A

05/16/2025AMEND AND RECOMMIT TO CODES

05/16/2025PRINT NUMBER 4117B

01/07/2026REFERRED TO CODES

Go to topS04117 Committee&nbspVotes:

Go to topS04117 Floor&nbspVotes:

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

Go to topS04117 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4117--B

 2025-2026 Regular Sessions

 IN SENATE

 February 3, 2025
 ___________

 Introduced by Sens. SCARCELLA-SPANTON, ADDABBO, MARTINEZ, C. RYAN --
 read twice and ordered printed, and when printed to be committed to
 the Committee on Codes -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 AN ACT to amend the executive law and the public officers law, in
 relation to the sealing of certain claims against law enforcement
 officers

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

 1 Section 1. Legislative intent. The legislature finds and declares that
 2 it is of critical importance that law enforcement officers who dutifully
 3 serve our communities shall always have available to them the opportu-
 4 nity to, among other things, secure loans for homeownership, pursue
 5 further employment, and participate fully in the life of the community
 6 in which they reside. The legislature further finds that the prospect of
 7 their being able to do the aforementioned is dampened by the fact that
 8 currently, an unfounded or exonerated claim made against a law enforce-
 9 ment officer remains in their respective personnel record, and, absent
 10 language in their applicable collective bargaining agreement, there
 11 exists no method of recourse for them to have such claims removed from
 12 their record. Unfounded claims are those claims that are made against
 13 law enforcement officers that, upon investigation, are determined to
 14 lack factual basis and are dismissed without disciplinary actions or
 15 criminal charges; exonerated claims are claims that are made against a
 16 law enforcement officer where the alleged conduct occurred but was
 17 determined to be lawful. It is, therefore, the intent of the legislature
 18 to strike a delicate balance between maintaining transparency regarding
 19 previous conduct of law enforcement officers, how police departments
 20 investigate and adjudicate claims of misconduct, and policing procedures

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00907-09-5

 S. 4117--B 2

 1 more generally, and ensuring that unfounded and exonerated claims made
 2 against law enforcement officers do not unjustly cast a permanent shadow
 3 over an otherwise admirable career in public service.
 4 § 2. The executive law is amended by adding a new section 845-f to
 5 read as follows:
 6 § 845-f. Sealing of certain claims against law enforcement officers.
 7 1. Definitions. For purposes of this section, the following terms shall
 8 have the following meanings:
 9 (a) "Unfounded claim" shall mean any complaint or allegation made
 10 against a law enforcement officer where, upon investigation, there is a
 11 factual basis to determine that the complaint or allegation is false and
 12 is dismissed without disciplinary action or criminal charges.
 13 (b) "Exonerated claim" shall mean any complaint or allegation made
 14 against a law enforcement officer where the alleged conduct occurred but
 15 was deemed lawful and proper.
 16 (c) "Pending claim" shall mean any complaint or allegation made
 17 against a law enforcement of