New York 2025-2026 Regular Session

New York Assembly Bill A03642

Introduced
1/28/25  
Refer
1/28/25  

Caption

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.

Summary

Bill A03642 seeks to amend the executive law in New York by prohibiting law enforcement agencies, including police and prosecutorial agencies, from publicly releasing or disseminating any information regarding the criminal history or mental health history of individuals who are subjects of police use of force incidents. This legislation aims to protect the privacy of victims of police violence and ensure that their personal histories are not exploited or sensationalized by the media or other entities following such incidents. The bill introduces a new section, 845-f, to the executive law, which explicitly states that no police agency or related entity may disclose information about the criminal or mental health backgrounds of individuals involved in use of force situations. The intent behind this provision is to safeguard the dignity of victims and prevent potential bias against them in public discourse and media coverage. If enacted, this bill would significantly impact the way law enforcement agencies handle sensitive information related to incidents of police violence. It would create a legal barrier against the dissemination of potentially damaging personal information, thereby reinforcing the principle of privacy for individuals who have already faced traumatic experiences involving law enforcement. The sentiment surrounding Bill A03642 appears to be supportive among advocates for police reform and victim rights, who argue that the release of such information can perpetuate stigma and victim-blaming. However, there may be concerns from some law enforcement and media representatives regarding transparency and accountability, as they may view the bill as a restriction on the public's right to know about police conduct and the backgrounds of individuals involved in use of force incidents.

Impact

The bill's implementation would alter existing practices regarding the release of sensitive information by law enforcement agencies in New York. It would create a legal framework that prioritizes the privacy of individuals subjected to police violence, potentially reducing the amount of information available to the public and media about such cases. This could lead to a shift in how law enforcement agencies communicate about incidents involving use of force, as they would be legally bound to withhold certain information that could otherwise be disclosed under current laws.

Sentiment

The general sentiment around Bill A03642 is largely positive among advocates for civil rights and police accountability, who argue that it is a necessary step to protect the dignity of victims of police violence. However, there are concerns from some law enforcement and media stakeholders who fear that the bill may hinder transparency and accountability in policing practices.

Contention

Notable points of contention include the balance between protecting victim privacy and ensuring transparency in law enforcement practices. Advocates for the bill argue that protecting victims from public scrutiny is essential, while opponents may contend that withholding such information could impede public oversight of police actions and accountability.

Companion Bills

NY S07308

Same As 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.

Previously Filed As

NY A02659

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.

NY S07308

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.

NY S07138

Prohibits the release of criminal history or any mental health history records by a coroner, coroner's physician or medical examiner of individuals who were the subject of the use of force by a police or peace officer.

NY A02514

Prohibits the release of criminal history or any mental health history records by a coroner, coroner's physician or medical examiner of individuals who were the subject of the use of force by a police or peace officer.

NY A03036

Prohibits the release of criminal history or any mental health history records by a coroner, coroner's physician or medical examiner of individuals who were the subject of the use of force by a police or peace officer.

NY A2044

Prohibits law enforcement agencies from hiring officer applicants removed from office by former agency for police misconduct.

NY SB501

Requiring law enforcement agencies to adopt policies related to racial and other biased-based policing using technology and criminalizing violation of racial and other biased-based policing policies.

NY SB0333

Law enforcement: other; use of force policies; require law enforcement agencies to create. Creates new act.

NY SB530

Clarifying definitions of individuals who are subject to a state and national criminal history record check and which agency receives the results of such record check.

NY SB492

Requiring law enforcement agencies to share records with other law enforcement agencies about law enforcement officers related to criminal conduct or conduct giving rise to licensing or certification sanctions.

Similar Bills

No similar bills found.