Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 20, 2014 |
referred to codes delivered to assembly passed senate |
May 12, 2014 |
advanced to third reading |
May 07, 2014 |
2nd report cal. |
May 06, 2014 |
1st report cal.576 |
Jan 08, 2014 |
referred to codes returned to senate died in assembly |
Mar 06, 2013 |
referred to codes delivered to assembly passed senate |
Mar 05, 2013 |
advanced to third reading |
Mar 04, 2013 |
2nd report cal. |
Feb 28, 2013 |
1st report cal.126 |
Jan 14, 2013 |
referred to codes |
Senate Bill S2174
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2013-S2174 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2139
- Current Committee:
- Assembly Codes
- Law Section:
- Civil Rights Law
- Laws Affected:
- Amd §50-a, Civ Rts L; amd §60.15, CP L; add §343.6, Fam Ct Act; add R4516-a, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S2117, A3512
2011-2012: S1751, A4872
2015-2016: S1467, A2796
2017-2018: S224, A4096
2019-2020: A851
2013-S2174 (ACTIVE) - Summary
Authorizes the people in a criminal proceeding, the presentment agency in a juvenile delinquency proceeding and a governmental agency or public employer in a civil enforcement action to move to protect the identity, address and any other identifying information of any witness who is an undercover public officer or employee when the disclosure of the identity of such officer or employee would endanger the officer's life or employee's life or compromise his or her continued effectiveness.
2013-S2174 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2174 TITLE OF BILL: An act to amend the civil rights law, the criminal procedure law, the family court act and the civil practice law and rules, in relation to protecting the identity of undercover public offi- cers and employees PURPOSE: The purpose of this bill is to protect the identity of under- cover police officers who are required to testify in court. SUMMARY OF PROVISIONS: This amends Civil Rights Law § 50-a to include within the confidentiality provisions for police personnel records those records that include the identity of undercover police officers. The bill would also amend Criminal Procedure Law § 60.15 to create a proce- dure whereby a District Attorney may request that an undercover offi- cer's identity be protected. There would be a rebuttable presumption that an undercover police officer would be endangered, or his or her effectiveness compromised, by public disclosure of her identity. The bill allows the District Attorney to ask the court for additional measures to protect the police officer's identity if necessary. These requests would continue to be governed by standards articulated by the united States Supreme Court in WALLER V. GEORGIA, 467 U.S. 39,48 (1984). In addition, the bill would allow a defendant to require the court to instruct the jury that no inference unfavorable to the defendant may be drawn because the undercover police officer is testifying under a pseu-
2013-S2174 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2174 2013-2014 Regular Sessions I N S E N A T E January 14, 2013 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil rights law, the criminal procedure law, the family court act and the civil practice law and rules, in relation to protecting the identity of undercover public officers and employees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 50-a of the civil rights law, as amended by section 53 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 1. All personnel records used to evaluate performance toward continued employment or promotion, under the control of any police agency or department of the state or any political subdivision thereof including authorities or agencies maintaining police forces of individuals defined as police officers in section 1.20 of the criminal procedure law and such personnel records under the control of a sheriff's department or a department of correction of individuals employed as correction officers and such personnel records under the control of a paid fire department or force of individuals employed as firefighters or firefighter/paramedics and such personnel records under the control of the department of corrections and community supervision for individuals defined as peace officers pursuant to subdivisions twenty-three and twenty-three-a of section 2.10 of the criminal procedure law shall be considered confidential and not subject to inspection or review without the express written consent of such police officer, firefighter, firefighter/paramedic, correction officer or peace officer within the department of corrections and community supervision except as may be mandated by lawful court order. FOR PURPOSES OF THIS SECTION, PERSONNEL RECORDS SHALL INCLUDE ANY REPORT, PAPER, PICTURE, PHOTOGRAPH, COURT FILE OR OTHER DOCUMENT, IN THE CUSTODY OR POSSESSION OF ANY PUBLIC OFFICER OR EMPLOYEE, WHICH TENDS TO IDENTIFY BY NAME OR IMAGE AN INDIVIDUAL WHO IS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02555-01-3
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