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A08734 Summary:

BILL NOA08734
 
SAME ASSAME AS S07734
 
SPONSOREnglebright
 
COSPNSR
 
MLTSPNSR
 
Rpld 87 sub 6, amd 87, Pub Off L; amd 50-b, Civ Rts L (as proposed in S.6017 & A.5470)
 
Relates to freedom of information law disclosures related to law enforcement related records and records identifying victims.
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A08734 Actions:

BILL NOA08734
 
01/11/2022referred to governmental operations
01/25/2022reported referred to codes
02/01/2022reported
02/03/2022advanced to third reading cal.368
02/07/2022substituted by s7734
 S07734 AMEND= SKOUFIS
 01/07/2022REFERRED TO RULES
 01/10/2022ORDERED TO THIRD READING CAL.62
 01/31/2022PASSED SENATE
 01/31/2022DELIVERED TO ASSEMBLY
 01/31/2022referred to codes
 02/07/2022substituted for a8734
 02/07/2022ordered to third reading cal.368
 03/02/2022passed assembly
 03/02/2022returned to senate
 03/18/2022DELIVERED TO GOVERNOR
 03/18/2022SIGNED CHAP.155
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A08734 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8734
 
SPONSOR: Englebright
  TITLE OF BILL: An act to amend the public officers law and the civil rights law, in relation to freedom of information law disclosures related to law enforcement related records and records identifying victims; and to repeal certain provisions of the public officers law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to make amendments to chapter 808 of the Laws of 2021.   SUMMARY OF PROVISIONS: This bill would make technical changes intended to clarify when it is appropriate for an entity to release information related to an investi- gation.   JUSTIFICATION: FOIL provides individuals with greater access to their government which helps achieve the goal of an open and transparent government. To that end, there is a strong presumption under FOIL that government records are accessible to the public and there are several defined exceptions of access to records. Under current law, access to records or to portions of records is sometimes withheld when they should not be. Too often records that were prepared in the ordinary course of business, which should be accessible to the public, have been withheld. This bill would clarify certain provisions of FOIL and section 50-b of the civil rights law to make sure that people are not wrongfully denied access to public records.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as a chapter of the laws of 2021 amending the public officers law relating to requiring a particularized and specific justification for denial of access to records under the freedom of information law and exemption from disclosure under the freedom of information law of certain law enforcement related records; and amending the civil rights law relating to records identifying victims, as proposed in legislative bills numbers S. 6017 and A. 5470, takes effect.
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A08734 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8734
 
                   IN ASSEMBLY
 
                                    January 11, 2022
                                       ___________
 
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the public officers law and the  civil  rights  law,  in
          relation  to  freedom  of  information  law disclosures related to law
          enforcement related records and records identifying  victims;  and  to
          repeal certain provisions of the public officers law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 6 of section 87 of the public officers law,  as
     2  added  by a chapter of the laws of 2021 amending the public officers law
     3  relating to requiring a particularized and  specific  justification  for
     4  denial  of  access  to  records under the freedom of information law and
     5  exemption from disclosure  under  the  freedom  of  information  law  of
     6  certain  law  enforcement related records; and amending the civil rights
     7  law relating to records identifying victims, as proposed in  legislative
     8  bills numbers S. 6017 and A. 5470, is REPEALED.
     9    §  2. Paragraph (e) of subdivision 2 of section 87 of the public offi-
    10  cers law, as amended by a chapter of  the  laws  of  2021  amending  the
    11  public  officers law relating to requiring a particularized and specific
    12  justification for denial of access  to  records  under  the  freedom  of
    13  information  law  and  exemption  from  disclosure  under the freedom of
    14  information law of certain law enforcement related records; and amending
    15  the civil  rights  law  relating  to  records  identifying  victims,  as
    16  proposed in legislative bills numbers S. 6017 and A. 5470, is amended to
    17  read as follows:
    18    (e)  are  [prepared  or created] compiled for law enforcement purposes
    19  only to the extent that disclosure would:
    20    i.  interfere  with  law  enforcement   investigations   or   judicial
    21  proceedings,  provided however, that any agency, which is not conducting
    22  the investigation that the requested records relate to, that is  consid-
    23  ering  denying  access  pursuant  to this subparagraph shall [proceed in
    24  accordance with subdivision six of this  section]  receive  confirmation
    25  from the law enforcement or investigating agency conducting the investi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07836-04-2

        A. 8734                             2
 
     1  gation  that  disclosure  of such records will interfere with an ongoing
     2  investigation;
     3    ii.  deprive  a person of a right to a fair trial or impartial adjudi-
     4  cation;
     5    iii. identify a confidential source or disclose confidential  informa-
     6  tion relating to a criminal investigation; or
     7    iv.  reveal  criminal  investigative  techniques or procedures, except
     8  routine techniques and procedures;
     9    § 3. Subdivision 1 of section 50-b of the civil rights law, as amended
    10  by a chapter of the laws of 2021 amending the public officers law relat-
    11  ing to requiring a particularized and specific justification for  denial
    12  of  access to records under the freedom of information law and exemption
    13  from disclosure under the freedom of  information  law  of  certain  law
    14  enforcement  related records; and amending the civil rights law relating
    15  to records identifying victims, as proposed in legislative bills numbers
    16  S.  6017 and A. 5470, is amended to read as follows:
    17    1. The identity of any victim of a sex offense, as defined in  article
    18  one hundred thirty or section 255.25, 255.26 or 255.27 of the penal law,
    19  or of an offense involving the alleged transmission of the human immuno-
    20  deficiency  virus,  shall  be  confidential. No [portion of any] report,
    21  paper, picture, photograph, court file or other documents, in the custo-
    22  dy or possession of any public officer  or  employee,  which  identifies
    23  such  a  victim  shall  be made available for public inspection. No such
    24  public officer or employee shall disclose  any  portion  of  any  police
    25  report,  court  file,  or other document, which tends to identify such a
    26  victim except as provided in subdivision two of this section.
    27    § 4. This act shall take effect on the  same  date  and  in  the  same
    28  manner as a chapter of the laws of 2021 amending the public officers law
    29  relating  to  requiring  a particularized and specific justification for
    30  denial of access to records under the freedom  of  information  law  and
    31  exemption  from  disclosure  under  the  freedom  of  information law of
    32  certain law enforcement related records; and amending the  civil  rights
    33  law  relating to records identifying victims, as proposed in legislative
    34  bills numbers S. 6017 and A. 5470, takes effect.
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