Provides that unlawful disclosure of personal information concerning a police officer shall be aggravated harassment in the second degree

BILL NUMBER:S2690A

Title of bill

An act to amend the penal law, in relation to the unlawful disclosure of personal information concerning a police officer

Summary of provisions

This proposal would amend Section 240.30 of the Penal Law, Aggravated Harassment in the Second Degree, by adding a new subdivision five thereto. This new subdivision would make it a class A misdemeanor to disclose or disseminate, with intent to harass, annoy, threaten or alarm, the residence address, private telephone number or any other information identifying a police officer, a member of such officer's family, or a third party with whom such officer is acquainted.

Justification

A police officer's job is a dangerous and stressful one. In the course of their jobs, officers routinely issue summonses and arrest offenders, as well as stop, warn or otherwise prevent individuals from committing criminal acts or quality-of-life offenses. Every such encounter is potentially dangerous. police officers know that while they are on the job they may be the target of those who have contempt for authority or a personal dislike of police. police officers accept this every day they report for duty, but it goes far beyond the reasonable demands of the job for officers and their families to be placed in fear of someone disclosing their home addresses, phone numbers or other identifying information in order to harass, annoy, alarm or threaten them. Further, in this new age of technology, the threat becomes ever more dangerous, when simply posting such information on a website can instantly disseminate it widely.

State law currently recognizes the need to protect the confidentiality of a police officer's personal information in certain circumstances. Civil Rights Law § 50-a permits the disclosure of personnel records only upon the consent of the officer or upon a lawful court order. public Officers Law § 89(7) exempts government disclosure of the home address of a public employee pursuant to the State Freedom of Information Law.

In the context of discovery in criminal proceedings, Criminal Procedure Law § 240.50(4) provides that "the personal residence address of a police officer...shall not be required to be disclosed except pursuant to an order issued by a court following a finding of good cause." All of these laws are designed to protect the privacy of police officers' personal information.

Yet apart from these circumstances, the law does not address the situation where a person discloses personal identifying information about a police officer for purposes of harassment.

Prior legislative history

S.2749 of 2009-10: Referred to Codes

Fiscal implications

None.

Effective date

90 days after it becomes law.