Bill Text: NY A01316 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides for the confidentiality of personnel records maintained by the department of taxation and finance for individuals defined as police and peace officers.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental operations [A01316 Detail]

Download: New_York-2011-A01316-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1316
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Governmental Operations
       AN ACT to amend the civil rights law, in relation to the confidentiality
         of  certain personnel records maintained by the department of taxation
         and finance
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 1 of section 50-a of the civil rights law, as
    2  amended by chapter 137 of the laws  of  2002,  is  amended  to  read  as
    3  follows:
    4    1.  All personnel records, used to evaluate performance toward contin-
    5  ued employment or promotion, under the control of any police  agency  or
    6  department  of  the state or any political subdivision thereof including
    7  authorities or agencies maintaining police forces of individuals defined
    8  as police officers in section 1.20 of the criminal procedure law  [and],
    9  such  personnel records under the control of a sheriff's department or a
   10  department of correction of individuals employed as correction  officers
   11  [and],  such  personnel records under the control of a paid fire depart-
   12  ment   or   force   of   individuals   employed   as   firefighters   or
   13  firefighter/paramedics  [and],  such personnel records under the control
   14  of the division of parole for  individuals  defined  as  peace  officers
   15  pursuant to subdivisions twenty-three and twenty-three-a of section 2.10
   16  of  the  criminal  procedure  law  AND  SUCH PERSONNEL RECORDS UNDER THE
   17  CONTROL OF THE  DEPARTMENT  OF  TAXATION  AND  FINANCE  FOR  INDIVIDUALS
   18  DEFINED  AS  POLICE  OFFICERS  PURSUANT  TO SECTION 1.20 OF THE CRIMINAL
   19  PROCEDURE LAW OR AS PEACE OFFICERS PURSUANT TO SECTION 2.10 OF THE CRIM-
   20  INAL PROCEDURE LAW shall be considered confidential and not  subject  to
   21  inspection  or review without the express written consent of such police
   22  officer, firefighter, firefighter/paramedic, correction  officer,  PEACE
   23  OFFICER  OR  POLICE  OFFICER  EMPLOYED BY THE DEPARTMENT OF TAXATION AND
   24  FINANCE or peace officer within the division of parole except as may  be
   25  mandated by lawful court order.
   26    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03543-01-1