New York A 4868: Prohibits discrimination based on a person's arrest record or criminal conviction

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A04868 Summary:

BILL NOA04868 

&nbsp

SAME ASSAME AS S04568

&nbsp

SPONSORGonzalez-Rojas

&nbsp

COSPNSRChandler-Waterman, Simone, Davila, Simon, Hevesi, Kelles, Epstein, Raga, Shrestha, Gallagher,
 Mamdani, Forrest, Meeks, Levenberg

&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 A04868 Actions:

BILL NOA04868 

&nbsp

02/06/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA04868 Committee&nbspVotes:

Go to topA04868 Floor&nbspVotes:

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

Go to topA04868 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4868

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 6, 2025
 ___________

 Introduced by M. of A. GONZALEZ-ROJAS, CHANDLER-WATERMAN, SIMONE, DAVI-
 LA, SIMON, HEVESI, KELLES, EPSTEIN, RAGA, SHRESTHA, GALLAGHER, MAMDA-
 NI, FORREST -- read once and referred to the Committee on Governmental
 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

 A. 4868 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