BILL NUMBER: S327
SPONSOR: BAILEY
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to confidential
informants
 
PURPOSE OR GENERAL IDEA OF BILL:
To amend the law in relation to confidential informants by defining
confidential informants, imposing restrictions on who may and may not be
confidential informants, and regulating the use of confidential infor-
mants.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bills adds a new section to the criminal procedure law
defining what it means to be a confidential informant. In addition to
defining other terms to be used in this context, section one outlines
the parameters under which law enforcement agencies may use confidential
informants. For example, a law enforcement agency cannot promise certain
inducements in exchange for serving as a confidential informant. The law
would also require the relevant law enforcement agency to establish
policies and procedures for recruitment, use, and control of confiden-
tial informants. Section 2 sets forth the effective date.
 
JUSTIFICATION:
This legislation is based on Florida's "Rachel's Law." In 2008, Rachel
Hoffman, a 23-year-old Florida State University graduate, was recruited
by Tallahassee police to be a confidential informant. She agreed to be a
confidential informant because of a prior arrest and a belief that
charges against her could be reduced or dropped. However, when she was
sent to a controlled buy, she was killed by those who had found out she
was a confidential informant.
Confidential informants play an important role in curbing the sale and
use of drugs in our state, but without safeguards to protect the infor-
mants, and the liability of the officers who recruit them, thousands of
individuals are at risk.
This legislation would regulate the use of confidential informants.
Such regulations would include the adoption of policies and procedures
by law enforcement agencies governing the ability to use confidential
informants and disclosure of information to the informants.
 
PRIOR LEGISLATIVE HISTORY:
2019-20: S.2182 - Referred to Codes
2021-22: S.3348 - Referred to Codes
2023-24: S.971 - Referred to Codes
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.