NY State Senate Bill 2025-S7308

Senate Bill S7308

2025-2026 Legislative Session

Prohibits the release of certain records of victims of police violence by a police agency, prosecutorial agency or other law enforcement agency

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 09, 2025	referred to codes

2025-S7308 (ACTIVE) - Details

See Assembly Version of this Bill:: A3642
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add §845-f, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10671
2021-2022: A3265
2023-2024: A2659

2025-S7308 (ACTIVE) - Summary

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.

2025-S7308 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7308

SPONSOR: CLEARE
 
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.

2025-S7308 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7308
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 9, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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:
 
   Section  1. The executive law is amended by adding a new section 845-f
 to read as follows:
   § 845-F. RELEASE OF CERTAIN RECORDS OF VICTIMS OF POLICE VIOLENCE; LAW
 ENFORCEMENT AGENCIES.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO  THE
 CONTRARY,  NO POLICE AGENCY, PROSECUTORIAL AGENCY AND OTHER LAW ENFORCE-
 MENT AGENCY WITH JURISDICTION OVER AN INSTANCE OR OCCURRENCE IN WHICH  A
 POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF
 THE  CRIMINAL  PROCEDURE  LAW, OR A PEACE OFFICER, AS DEFINED IN SECTION
 2.10 OF THE CRIMINAL PROCEDURE LAW,  EMPLOYS  THE  USE  OF  FORCE  SHALL
 PUBLICLY RELEASE OR OTHERWISE DISSEMINATE ANY INFORMATION, INCLUDING BUT
 NOT  LIMITED  TO PROVIDING SUCH INFORMATION TO A NEWS OR MEDIA ORGANIZA-
 TION, RELATED TO EITHER THE CRIMINAL HISTORY OR ANY MENTAL HEALTH HISTO-
 RY OF THE INDIVIDUAL WHO WAS THE SUBJECT OF THE USE OF FORCE.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07471-01-5

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