Senate Bill S2174

2013-2014 Legislative Session

Authorizes prosecuting agency to move to have identity of undercover public officers and employees protected while testifying in court

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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

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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

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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