What's happening
This bill protects the identities of undercover public officers and employees by expanding confidentiality and allowing them to testify anonymously in court.
Why it matters
Broadens what counts as confidential personnel records. by explicitly including any documents or images that identify undercover officers, not just traditional personnel files—making it harder for such identities to be leaked through court filings or public records.
Establishes a legal presumption in favor of anonymity. for undercover witnesses in criminal, family, and certain civil proceedings, putting the burden on the defense to prove why knowing the officer’s identity is essential for their case.
Requires courts to balance interests. between protecting the officer’s safety/effectiveness and the opposing party’s right to cross-examine—potentially limiting the defense’s ability to challenge the credibility or history of an undercover witness.
Mandates jury instructions to prevent bias. by explicitly telling jurors not to interpret the anonymity of a witness as a sign of unreliability or as evidence against the defendant, aiming to ensure fair trials despite these new protections.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Protect Undercover Officers’ Identities
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.814
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Undercover Officer Identities
In Assembly Committee · Codes · Sponsor Aravella Simotas
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
224
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
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 officers and employees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 50-a of the civil rights law, as amended by chapter 516 of the laws of 2014, is amended to read as follows:
1. All personnel records used to evaluate performance toward continued employment or promotion, under the control of any police agency or department of the state or any political subdivision thereof including authorities or agencies maintaining police forces of individuals defined as police officers in section 1.20 of the criminal procedure law and such personnel records under the control of a sheriff's department or a department of correction of individuals employed as correction officers and such personnel records under the control of a paid fire department or force of individuals employed as firefighters or firefighter/paramedics and such personnel records under the control of the department of corrections and community supervision for individuals defined as peace officers pursuant to subdivisions twenty-three and twenty-three-a of section 2.10 of the criminal procedure law and such personnel records under the control of a probation department for individuals defined as peace officers pursuant to subdivision twenty-four of section 2.10 of the criminal procedure law shall be considered confidential and not subject to inspection or review without the express written consent of such police officer, firefighter, firefighter/paramedic, correction officer or peace officer within the department of corrections and community supervision or probation department except as may be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04148-01-7
S. 224 2
mandated by lawful court order. For purposes of this section, personnel records shall include any report, paper, picture, photograph, court file or other document, in the custody or possession of any public officer or employee, which tends to identify by name or image an individual who is performing or has performed official duties in a covert or undercover capacity and whose personnel records are otherwise covered by this subdivision.
§ 2. Section 60.15 of the criminal procedure law is amended by adding a new subdivision 3 to read as follows:
3. When a public officer or employee, including but not limited to a police officer as defined in section 1.20 of this part or a peace officer as defined in section 2.10 of this part, is performing or has performed official duties in a covert or undercover capacity and is called as a witness in a criminal proceeding:
(a) The people may make a request of the court that the identity of the witness be protected. There shall be a presumption that the witness would be endangered or his or her effectiveness compromised if his or her identity is disclosed and that therefore the people have made a showing that the witness should be excused from providing his or her identity. The defendant may thereupon seek to rebut the presumption and/or demonstrate the materiality of the witness's identity to the issue of guilt or innocence. If the presumption has not been rebutted, the court shall then balance the interests and if it determines that the need of the public officer or employee witness for anonymity exceeds the defendant's need to obtain the witness's identity for purposes of crossexamination, the court shall direct that the witness testify under a pseudonym such as a shield number.
(b) If requested by the people, the court shall take such other measures as are necessary, consistent with rights of the defendant, to safeguard the identity of the witness.
(c) Upon request of the defendant during a jury trial, the court shall instruct the jury that the use of a pseudonym or any other additional measure to protect the identity of the witness is not a factor from which an inference unfavorable to the defendant may be drawn.
§ 3. The family court act is amended by adding a new section 343.6 to read as follows:
§ 343.6. Rules of evidence; testimony given by a public officer or employee. When a public officer or employee, including but not limited to a police officer as defined in section 1.20 of the criminal procedure law or a peace officer as defined in section 2.10 of such law, is performing or has performed official duties in a covert or undercover capacity and is called as a witness in a delinquency proceeding:
1. The presentment agency may make a request of the court that the identity of the witness be protected. There shall be a presumption that the witness would be endangered or his or her effectiveness compromised if his or her identity is disclosed and that therefore the presentment agency has made a showing that the witness should be excused from providing his or her identity. The respondent may thereupon seek to rebut the presumption and/or demonstrate the materiality of the witness's identity to the issue of guilt or innocence. If the presumption has not been rebutted, the court shall then balance the interests and if it determines that the need of the public officer or employee witness for anonymity exceeds the respondent's need to obtain the witness's identity for purposes of cross-examination, the court shall direct that the witness testify under a pseudonym such as a shield number.
S. 224 3
2. If requested by the presentment agency, the court shall take such other measures as are necessary, consistent with rights of the respondent, to safeguard the identity of the witness.
§ 4. The civil practice law and rules is amended by adding a new rule 4516-a to read as follows:
Rule 4516-a. Testimony by certain public officers and employees. When a public officer or employee, including but not limited to a police officer as defined in section 1.20 of the criminal procedure law or a peace officer as defined in section 2.10 of such law, is performing or has performed official duties in a covert or undercover capacity and is called as a witness in a civil enforcement action brought by a governmental entity:
(a) Such governmental entity or the public employer of the witness may make a request of the court that the identity of the witness be protected. There shall be a presumption that the witness would be endangered or his or her effectiveness compromised if his or her identity is disclosed and that therefore the government entity has made a showing that the witness should be excused from providing his or her identity. The respondent may thereupon seek to rebut the presumption and/or demonstrate the materiality of the witness's identity to the issue of guilt or innocence. If the presumption has not been rebutted, the court shall then balance the interests and if it determines that the need of the public officer or employee witness for anonymity exceeds the respondent's need to obtain the witness's identity for purposes of cross-examination, the court shall direct that the witness testify under a pseudonym such as a shield number.
(b) If requested by such governmental entity or such public employer, the court shall take such other measures as are necessary, consistent with rights of the adverse party, to safeguard the identity of the witness.
(c) During a jury trial, upon request by the party against whom the action is brought, the court shall instruct the jury that the use of a pseudonym or any other additional measure to protect the identity of the witness is not a factor from which an inference unfavorable to such party may be drawn.
(d) Nothing in this section shall be construed to prohibit or otherwise affect appropriate measures to safeguard the identity of a witness that may be taken in any civil action that is not within the scope of this section.
§ 5. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which the judgment shall have been rendered.
§ 6. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 officers and employees
Purpose or general idea of bill
To protect the identity of undercover police officers when they are required to testify in court.
Summary of provisions
Section one of this bill amends Civil Rights Law section 50-a to include within the confidentiality provisions for police personnel records those records that include the identity of undercover police officers.
Read the full memo (929 words)
Section two of this bill amends Criminal Procedure Law section 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 providing that should any portion of this act be deemed to be invalid by a Court of competent jurisdiction, the remaining provisions of this act shall remain in full force and effect.
Section six of this bill provides that this act shall take effect immediately.
Existing law
Section 50-a of the Civil Rights Law provides that all personnel records used to evaluate performance towards continued employment or promotion are to be kept confidential.
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 is 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.
Prior legislative history
2016: S.1467 - Passed the Senate 2015: S.1467 - Passed the Senate 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
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.