Prohibits the release of criminal history or any mental health history records by a police agency, prosecutorial agency or other law enforcement agency of individuals who were the subject of the use of force by a police or peace officer.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3642
SPONSOR: Dilan 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.
STATE OF NEW YORK
________________________________________________________________________
3642
2025-2026 Regular Sessions
IN ASSEMBLY
January 29, 2025
___________
Introduced by M. of A. DILAN -- read once and referred to the Committee
on Governmental Operations
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 845-f
2 to read as follows:
3 § 845-f. Release of certain records of victims of police violence; law
4 enforcement agencies. Notwithstanding any provision of law to the
5 contrary, no police agency, prosecutorial agency and other law enforce-
6 ment agency with jurisdiction over an instance or occurrence in which a
7 police officer, as defined in subdivision thirty-four of section 1.20 of
8 the criminal procedure law, or a peace officer, as defined in section
9 2.10 of the criminal procedure law, employs the use of force shall
10 publicly release or otherwise disseminate any information, including but
11 not limited to providing such information to a news or media organiza-
12 tion, related to either the criminal history or any mental health histo-
13 ry of the individual who was the subject of the use of force.
14 § 2. This act shall take effect on the thirtieth day after it shall
15 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07471-01-5
