New York S 7593: Allows access to sealed and protected records to civilian law enforcement oversight entities conducting investigations and disciplinary proceedings for misconduct by police and peace officers

Bill Text

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S07593 Summary:

BILL NOS07593 

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SAME ASNo Same As

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SPONSORCLEARE

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COSPNSR

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MLTSPNSR

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Amd §§1.20, 160.50, 160.55, 160.58 & 160.59, CP L; amd §50-b, Civ Rts L; amd §§166, 375.1 & 381.3, Fam Ct Act

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Allows access to sealed and protected records to civilian law enforcement oversight entities conducting investigations and disciplinary proceedings for misconduct by police and peace officers.

Go to top S07593 Actions:

BILL NOS07593 

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04/23/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS07593 Committee&nbspVotes:

Go to topS07593 Floor&nbspVotes:

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

Go to topS07593 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7593

 2025-2026 Regular Sessions

 IN SENATE

 April 23, 2025
 ___________

 Introduced by Sen. CLEARE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the criminal procedure law, the civil rights law and the
 family court act, in relation to allowing access to sealed and
 protected records to civilian law enforcement oversight entities
 conducting investigations and disciplinary proceedings for misconduct
 by police and peace officers

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

 1 Section 1. Section 1.20 of the criminal procedure law is amended by
 2 adding a new subdivision 46 to read as follows:
 3 46. "Civilian law enforcement oversight entity" means an entity with
 4 responsibility for investigating or recommending discipline for a police
 5 officer or peace officer for misconduct that does not employ any current
 6 police officer or peace officer.
 7 § 2. Paragraph (d) of subdivision 1 of section 160.50 of the criminal
 8 procedure law, as amended by chapter 449 of the laws of 2015, is amended
 9 to read as follows:
 10 (d) such records shall be made available to the person accused or to
 11 such person's designated agent, and shall be made available to (i) a
 12 prosecutor in any proceeding in which the accused has moved for an order
 13 pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law
 14 enforcement agency upon ex parte motion in any superior court, or in any
 15 district court, city court or the criminal court of the city of New York
 16 provided that such court sealed the record, if such agency demonstrates
 17 to the satisfaction of the court that justice requires that such records
 18 be made available to it, or (iii) any state or local officer or agency
 19 with responsibility for the issuance of licenses to possess guns, when
 20 the accused has made application for such a license, or (iv) the New
 21 York state department of corrections and community supervision when the
 22 accused is on parole supervision as a result of conditional release or a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11751-01-5

 S. 7593 2

 1 parole release granted by the New York state board of parole, and the
 2 arrest which is the subject of the inquiry is one which occurred while
 3 the accused was under such supervision, or (v) any prospective employer
 4 of a police officer or peace officer as those terms are defined in
 5 subdivisions thirty-three and thirty-four of section 1.20 of this chap-
 6 ter, in relation to an application for employment as a police officer or
 7 peace officer; provided, however, that every person who is an applicant
 8 for the position of police officer or peace officer shall be furnished
 9 with a copy of all records obtained under this paragraph and afforded an
 10 opportunity to make an explanation thereto, or (vi) the probation
 11 department responsible for supervision of the accused when the arrest
 12 which is the subject of the inquiry is one which occurred while the
 13 accused was under such supervision, or (vii) any civilian law enforce-
 14 ment oversight entity, provided that the records and papers obtained
 15 under this paragraph relate to an open investigation or disciplinary
 16 proceeding at the civilian law enforcement oversight entity and are
 17 being used in furtherance of that open investigation or disciplinary
 1