BILL NUMBER: S7308
SPONSOR: CLEARE
TITLE OF BILL:
An act to amend the executive law, in relation to prohibiting the
release of certain records of victims of police violence by a police
agency, prosecutorial agency or other law enforcement agency
PURPOSE OR GENERAL IDEA OF BILL:
This bill would prevent police departments and other prosecutorial agen-
cies with jurisdiction over an instance in which a police or peace offi-
cer employed the use of force, from publicly releasing or otherwise
disseminating any information related to either the criminal history or
any mental health history of the individual who was the subject of the
use of force.
SUMMARY OF PROVISIONS:
Section one of the bill amends the executive law by adding a new section
845-e preventing the release of certain records of victims of police
violence by police departments or other prosecutorial agencies.Section
two is the effective date.
JUSTIFICATION:
Oftentimes, victims of police violence are subject to demonization by
police departments and the media through the release of information
pertaining to their criminal history and/or mental health history that
is completely unrelated to the scenario in which they were subjected to
obsessive or deadly use of force by police officers. This information
oftentimes leads to victim blaming and permeates ethnic and racial ster-
eotypes and negative public opinion of the victim. This legislation
would prevent the release of this information to prevent public smearing
of victims of police violence while the officer in question hides behind
anonymity.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.