BILL NUMBER: S147
SPONSOR: PALUMBO
 
PURPOSE::
To ensure that complaints made available for public records regarding
law enforcement officers are substantiated.
 
SUMMARY OF PROVISIONS::
Section 1. Amends the public officers' law to define "unsubstantiated
complaint, allegation or charge" and "unfounded complaint, allegation or
charge".
Section 2. Requires that records pertaining to technical infractions
shall be redacted when a law enforcement agency responds to a request
for law enforcement disciplinary records.
Section 3. Requires the redaction of records pertaining to complaints,
allegations and charges that are unsubstantiated or unfounded prior to
disclosure of law enforcement disciplinary records.
Section 4. Sets for the effective date.
 
JUSTIFICATION::
In 1976, section 50-a of the civil rights law was enacted to prevent the
harassment of officers choosing to testify in court and to protect such
officers from "fishing expeditions" by criminal defense attorneys who
could use unsubstantiated complaints to impugn an officer's character
during cross examination. The law, which applied to police, peace and
correction officers as well as firefighters, did allow for records to be
disclosed by court order when a legitimate need has been demonstrated,
however in recent years, there have been concerns that the law has been
applied in a manner that shields records beyond the statute's original
intent. Considering this, legislation was recently signed into law to
repeal 50-a of the civil rights law and reopen the public access of such
disciplinary records, regardless of a specific need being demonstrated.
Unfortunately, this repeal did not apply appropriate safeguards to
prevent the harassment of police and other first responders or prevent
the misuse of these records. While it is critical that anyone who abuses
their position of authority or trust is appropriately disciplined,
utilizing unsubstantiated or unfounded complaints made against officers,
jeopardizes the integrity of the legal process and the safety of these
men and women and their families. New York State law recognizes the
importance of protecting individuals from the exposure of unsubstanti-
ated and unfounded accusations of misconduct as such protections exist
in statute for teachers and physicians for example. Unfortunately, the
repeal of 50-a without appropriate safeguards, jeopardizes not only the
safety and reputations of great officers but it jeopardizes the safety
of crime victims as well given the fact that 50-a was initially insti-
tuted to ensure officers could safely testify in court on behalf of
victims. This bill seeks to address and correct the stark oversight
that was enacted as part of the repeal of 50-a and brings parity to
protections provided individuals employed in other public facing
professions by preventing the public disclosure of unfounded claims as
well as technical infractions.
 
LEGISLATIVE HISTORY::
2024 S.4595; 2020 S.8674
 
FISCAL IMPLICATIONS::
None
 
EFFECTIVE DATE::
Immediately

Statutes affected:
S147: 86 public officers law, 87 public officers law, 87(4-b) public officers law, 89 public officers law, 89(2-c) public officers law