Bill Text: NY A10580 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to police officer and peace officer hiring and transfers and requires police agencies review any possible internal files of police misconduct and complaints as well as pending criminal charges before hiring or allowing for a transfer.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2020-06-04 - referred to governmental operations [A10580 Detail]
Download: New_York-2019-A10580-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10580 IN ASSEMBLY June 4, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hyndman, Barnwell, Epstein, Fernandez, Galef, Bichotte, Ortiz, Williams, Simon, Darling, Hunter) -- read once and referred to the Committee on Govern- mental Operations AN ACT to amend the executive law and the civil rights law, in relation to police officer and peace officer hiring and transfers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 845-e 2 to read as follows: 3 § 845-e. Police officer and peace officer hiring and transfers. 1. 4 Police agencies shall thoroughly examine any possible internal files of 5 police misconduct and complaints before recruiting a police officer or 6 peace officer on a lateral transfer from another police agency, from a 7 police department from any state or American territory, or as a new 8 recruit. 9 2. No police agency shall recruit, hire, allow to enroll, or allow to 10 transfer any police officer or peace officer where such officer was 11 fired, relieved of his or her duty, or resigned as a result of: 12 (a) police misconduct; 13 (b) off-duty misconduct; 14 (c) an investigation for any kind of police misconduct and off-duty 15 misconduct; or 16 (d) a misdemeanor or felony charge. 17 § 2. Subdivision 1 of section 50-a of the civil rights law, as amended 18 by chapter 516 of the laws of 2014, is amended to read as follows: 19 1. All personnel records used to evaluate performance toward continued 20 employment or promotion, under the control of any police agency or 21 department of the state or any political subdivision thereof including 22 authorities or agencies maintaining police forces of individuals defined 23 as police officers in section 1.20 of the criminal procedure law and 24 such personnel records under the control of a sheriff's department or a 25 department of correction of individuals employed as correction officers 26 and such personnel records under the control of a paid fire department EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16573-01-0A. 10580 2 1 or force of individuals employed as firefighters or 2 firefighter/paramedics and such personnel records under the control of 3 the department of corrections and community supervision for individuals 4 defined as peace officers pursuant to subdivisions twenty-three and 5 twenty-three-a of section 2.10 of the criminal procedure law and such 6 personnel records under the control of a probation department for indi- 7 viduals defined as peace officers pursuant to subdivision twenty-four of 8 section 2.10 of the criminal procedure law shall be considered confiden- 9 tial and not subject to inspection or review without the express written 10 consent of such police officer, firefighter, firefighter/paramedic, 11 correction officer or peace officer within the department of corrections 12 and community supervision or probation department except as may be 13 mandated by lawful court order or upon request from a police agency or 14 department of the state or any political subdivision thereof including 15 authorities or agencies maintaining police forces of individuals defined 16 as police officers in section 1.20 of the criminal procedure law which 17 is required to review such personnel records under section eight hundred 18 forty-five-e of the executive law. 19 § 3. This act shall take effect immediately.