Bill S2131-2013

Exempts from disclosure on the freedom of information law, the issuance of pistol permits to active and retired police officers, peace officers and correction officers

Exempts from disclosure, under the freedom of information law, the issuance of pistol permits to active and retired police officers, peace officers and correction officers.

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  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 11, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S2131

TITLE OF BILL: An act to amend the public officers law, in relation to exempting the disclosure, under the freedom of information law, of the name of any police officer, peace officer, correction officer, or retired police officer, peace officer or correction officer issued a license to carry or possess a firearm

PURPOSE: This legislation would prohibit the names and addresses of active or retired of any police officer, peace officer or correction officer from being released by the Freedom of Information Law (FOIL) other than law enforcement.

SUMMARY OF PROVISIONS:

Section 1 Subdivision 2 of section 87 of the public officers law; As added by Section 12 of part II of Chapter 59 of the laws of 2010, are amended and a new paragraph (m) is added to read as follows; external audits, including but not limited to audits performed by the comptroller and the federal government OR are examination questions or answers which are requested prior to the final administration of such questions. (m) is information related to the issuance, pursuant to article four of the penal law, of any license to carry or posses firearms when such license is issued to a police officer, as defined in article two of the criminal procedure law, a peace officer, as defined in article two of the criminal procedure law, a correction officer employed by the department of corrections and community supervision or a county or city operating a local correctional facility, or any person retired from active service as a police officer, peace officer or correction officer; provided, however, that no provision of this paragraph shall be deemed to prohibit the disclosure of such information to a law enforcement agency for the purpose of conducting an investigation or prosecution.

JUSTIFICATION: A police officer, peace officer or correctional officer's job can be dangerous and stressful.

In the course of their jobs, they routinely warn or otherwise prevent individuals from committing criminal acts. Officers routinely issue and in some cases issue summonses and arrest offenders. Every encounter is potentially dangerous. These officers know that while they are performing their duties they may be the target of those who have a personal dislike for officers or contempt for authority. Each officer understands that they could be in harm's way while reporting for duty but this goes beyond the reasonable demands of the job for officers and their families to be placed in danger of someone coming to their homes and possibly causing harm.

Currently, The Freedom of Information Law (FOIL) is lawfully permitted to disclose their home addresses and names allowing potential criminals to annoy harass, threaten or in a worst-case scenario commit acts of violence to them and their families. Further more in this ever-growing age of technology and social media, the threat becomes ever more dangerous, when simply posting such information on a website can instantly disseminate it to any person.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None to New York State.

EFFECTIVE DATE: This legislation will take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2131 2013-2014 Regular Sessions IN SENATE January 11, 2013 ___________
Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the public officers law, in relation to exempting the disclosure, under the freedom of information law, of the name of any police officer, peace officer, correction officer, or retired police officer, peace officer or correction officer issued a license to carry or possess a firearm THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph iv of paragraph (g), and paragraphs (h), (i), (j), (k) and (l) of subdivision 2 of section 87 of the public officers law, subparagraph iv of paragraph (g) as added by chapter 510 of the laws of 1999, paragraph (h) as added by chapter 933 of the laws of 1977, paragraph (i) as amended by chapter 154 of the laws of 2010, paragraph (j) as added by chapter 746 of the laws of 1988, paragraph (k) as sepa- rately amended by chapters 19, 20, 21, 22, 23 and 383 of the laws of 2009, and paragraph (l) as added by section 12 of part II of chapter 59 of the laws of 2010, are amended and a new paragraph (m) is added to read as follows: iv. external audits, including but not limited to audits performed by the comptroller and the federal government; [or] (h) are examination questions or answers which are requested prior to the final administration of such questions[.]; (i) if disclosed, would jeopardize the capacity of an agency or an entity that has shared information with an agency to guarantee the secu- rity of its information technology assets, such assets encompassing both electronic information systems and infrastructures; [or] (j) are photographs, microphotographs, videotape or other recorded images prepared under authority of section eleven hundred eleven-a of the vehicle and traffic law[.];
(k) are photographs, microphotographs, videotape or other recorded images prepared under authority of section eleven hundred eleven-b of the vehicle and traffic law[.]; (l) are photographs, microphotographs, videotape or other recorded images produced by a bus lane photo device prepared under authority of section eleven hundred eleven-c of the vehicle and traffic law[.]; OR (M) IS INFORMATION RELATED TO THE ISSUANCE, PURSUANT TO ARTICLE FOUR HUNDRED OF THE PENAL LAW, OF ANY LICENSE TO CARRY OR POSSESS FIREARMS WHEN SUCH LICENSE IS ISSUED TO A POLICE OFFICER, AS DEFINED IN SUBDIVI- SION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, A PEACE OFFICER, AS DEFINED IN ARTICLE TWO OF THE CRIMINAL PROCEDURE LAW, A CORRECTION OFFICER EMPLOYED BY THE DEPARTMENT OF CORRECTIONS AND COMMU- NITY SUPERVISION OR A COUNTY OR CITY OPERATING A LOCAL CORRECTIONAL FACILITY, OR ANY PERSON RETIRED FROM ACTIVE SERVICE AS A POLICE OFFICER, PEACE OFFICER OR CORRECTION OFFICER; PROVIDED, HOWEVER, THAT NO PROVISION OF THIS PARAGRAPH SHALL BE DEEMED TO PROHIBIT THE DISCLOSURE OF SUCH INFORMATION TO A LAW ENFORCEMENT AGENCY FOR THE PURPOSE OF CONDUCTING AN INVESTIGATION OR PROSECUTION. S 2. This act shall take effect immediately; provided, however, that the amendments to paragraphs (j), (k) and (l) of subdivision 2 of section 87 of the public officers law made by section one of this act shall not affect the repeal of such paragraphs and shall expire and be deemed repealed therewith.

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