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

Summary of provisions

Section one of this bill 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.

Section two of this bill amends Criminal Procedure Law § 60.15 by adding a new subdivision (3) to create a procedure whereby a District Attorney may request that an undercover officer'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. Upon request by the defendant, the Court is required to instruct the jury that no inference unfavorable to the defendant may be drawn because the undercover police officer is testifying under a pseudonym or form of any other similar protective measure. Additionally, the District Attorney is allowed 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).

Section three of this bill amends Family Court Act by adding a new section 343.6 to create a procedure whereby the presentment agency may request that the identity of a police officer or other public employee who performed his or her official duties in an undercover or covert capacity be protected when such officer or employee is called as a witness. There would be a rebuttable presumption that an undercover police officer or public employee would be endangered, or his or her effectiveness compromised, by public disclosure of her identity. Additionally, the presentment agency is allowed to ask the court for additional measures to protect the police officer or public employee'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).

Section four of this bill amends the Civil Practice Law and Rules to add a new rule 4516-a to create a procedure whereby a governmental entity or a public employer may request that the identity of a police officer or other employee who performed his or her official duties in an undercover or covert capacity be protected when such officer or employee is called as a witness in a civil enforcement action brought by a governmental agency. There would be a rebuttable presumption that the undercover police officer or employee would be endangered, or his or her effectiveness compromised, by public disclosure of her identity. Upon request by the party against whom the action has been

brought, the Court is required to instruct the jury that no inference unfavorable to the defendant may be drawn because the undercover police officer or employee is testifying under a pseudonym or form of any other similar protective measure. Additionally, the governmental agency or public employer is allowed to ask the court for additional measures to protect the police officer or public employee'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).

Section five of this bill provides a severability clause.

Section six of this bill provides that this act shall take effect immediately.

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 these officer's 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 leaders 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 that are called upon to testify in court.

Legislative history

2014: S.2174 - Passed the Senate 2013: S.2174 - Passed the Senate 2012: S.1751-A - Passed the Senate 2011: S.1751 - Passed the Senate 2009-10: S.2011 - Referred to Codes 2007-8: S.5355-A - Referred to Codes 2005-6: S.1870-A - Passed the Senate both years

Fiscal implications

None

Effective date

This act shall take effect on the thirtieth day after it shall have become a law