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

BILL NUMBER:S2174

Title of bill

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 offi- cers and employees

Purpose

The purpose of this bill is to protect the identity of under- cover police officers who are required to testify in court.

Summary of provisions

This amends Civil Rights Law § 50-a to include within the confidentiality provisions for police personnel records those records that include the identity of undercover police officers. The bill would also amend Criminal Procedure Law § 60.15 to create a proce- dure whereby a District Attorney may request that an undercover offi- cer's identity be protected. There would be a rebuttable presumption that an undercover police officer would be endangered, or his or her effectiveness compromised, by public disclosure of her identity.

The bill allows the District Attorney to ask the court for additional measures to protect the police officer's identity if necessary. These requests would continue to be governed by standards articulated by the united States Supreme Court in WALLER V. GEORGIA, 467 U.S. 39,48 (1984). In addition, the bill would allow a defendant to require the court to instruct the jury that no inference unfavorable to the defendant may be drawn because the undercover police officer is testifying under a pseu- donym or form of any other similar protective measure.

Existing law

Section 50-a of the Civil Rights Law and section 60.15 of the Criminal Procedure Law are amended.

Justification

Undercover police officers perform their duty under extraordinarily dangerous circumstances. These brave officers put their safety at risk to make the city and State of New York safer. The safety of their loved ones is also sometimes at risk as a result of their dangerous work.

Tragically, too many have been murdered, shot, stabbed and beaten by narcotics dealers. This violence and murder does not stop on the street; it extends into our judicial system as well, in the form of witness intimidation. When this intimidation is directed at undercover police officers, it undermines the efforts of law enforcement to penetrate criminal drug gangs and obtain the evidence necessary to put their lead- ers and operatives behind bars. Currently, state law does not do enough to secure the availability of one of the most important and effective sources of this evidence-the testimony of undercover police officers. This bill changes that by giving greater protection to the identity of undercover police officers who are called upon to testify in court.

Legislative history

S.1870A of 2005-06 - Passed Senate S.5335A of 2007-08 - Referred to Codes S.2117 of 2009-10 - Referred to Codes S.1751A of 2011- Passed Senate 03/29/12

Fiscal implications

None.

Local fiscal implications

EFFECTIVE DATE: This act shall take effect immediately.