BILL NUMBER: S4117A
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 seal unfounded, exonerated, and pending claims against law enforce-
ment officers, ensuring that baseless allegations no longer permanently
affect their records, while maintaining accountability for legitimate
disciplinary actions.
 
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 officers law. These new paragraphs clari-
fy that unfounded, exonerated, and pending claims shall be redacted
immediately.
Section 4 of the bill provides the effective date
 
JUSTIFICATION:
Several years ago, the State Legislature repealed § 50-a on the basis
that it created a legal shield which prohibited disclosure of known
misconduct. Law Enforcement officers hold significant power in their
roles and there is no debate as to the need for public transparency
regarding their records of conduct. However, with the repeal of § 50-a,
unfounded, exonerated, and pending claims are now publicly available.
These are claims that can't be proven, where there is evidence that the
claim is simply untrue, or no final determination has been made.
This legislation balances transparency to the public while recognizing
that these specific types of claims are either false or unproven, not a
conviction. Claims such as these should not be on the public record
forever; however, law enforcement officers who are subject to unfounded,
exonerated, or pending claims may be forced to bear the burden of these
allegations their entire life. For these officers, this could mean
increased difficulty in securing loans for homeownership, pursuing
further employment, and participating fully in the life of the community
in which they reside. In an era when retention rates are low for law
enforcement officers, we must remove obstacles which push people away
from public service.
 
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 effective date.