BILL NUMBER: S4117B
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the executive law and the public officers law, in
relation to the sealing of certain claims against law enforcement offi-
cers
 
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that unfounded, exonerated, and pending claims against law
enforcement officers are sealed from public disclosure, while maintain-
ing internal and prosecutorial access to such records. This balances
public transparency with fairness for officers cleared of wrongdoing or
subject to unresolved allegations.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill provides the legislative intent.
Section 2 of the bill creates a new § 845-f of the executive law, and
subdivision 1 of section 2 defines relevant terms. This subdivision also
outlines what will happen to a law enforcement officer's record if a
claim against the law enforcement officer was unfounded, exonerated, or
pending. Subdivision 3 of section 2 lists exceptions to the sealing
process described in subdivision 1 of section 2, and subdivision 4 of
section 2 explains that the Division of State Police would implement and
oversee this law.
Section 3 of the bill adds new paragraphs (e), (f), and (g) to subdivi-
sion 2-b of § 89 if the public officer's law. These new paragraphs clar-
ify that unfounded, exonerated, and pending claims shall be redacted
immediately.
Section 4 of the bill provides an effective date.
 
JUSTIFICATION:
Following the repeal of Civil Rights Law § 50-a, the public now has
access to all disciplinary records of law enforcement officers. While
transparency is critical, the blanket disclosure of unfounded, or exon-
erated, allegations risks damaging officers' careers and reputations
based on claims that were disproven, deemed lawful.
This bill addresses that gap by sealing such claims-like how unfounded
charges or sealed criminal records are treated for civilians-while
ensuring oversight bodies like internal affairs, prosecutors, and the
CCRB retain access when needed. Officers cleared of wrongdoing should
not face long-term consequences due to public misunderstanding of terms
like "pending" or "exonerated."
This policy also aligns with efforts to support recruitment and
retention, acknowledging the impacts that unresolved or false allega-
tions may have on an officer's ability to obtain housing, employment, or
promotions.
 
PRIOR LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law. Effective immediately, the addition, amendment, and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such an effective date.