Two bills pending in Harrisburg would delay or prevent the release of the names of police officers involved in use-of-force incidents. But some civil-rights, police-oversight and open-records advocates object to the measures.
HB 1538 and SB 1061 remain pending in the state Senate’s law and justice committee.
The measures were introduced by state Rep. Martina White (R-Phila.) and state Sen. John C. Rafferty Jr. (R-Montgomery County), respectively. White’s bill was passed in the state House.
Both bills would prohibit the release of names of officers involved in a use-of-force incident until an internal probe has concluded.
If an officer is criminally charged, his or her name could be released. If the officer isn’t charged, his or her name could be released if no physical harm would result to the officer or the officer’s immediate family.
Rafferty’s bill provides criminal penalties for violators, but White’s bill doesn’t.
Neither legislator had a comment for this story.
Supporters of the bills cite an “anti-police” mentality present in society. Increased precautions are needed, they contend, to help officers do their jobs without fear of physical harm.
In Philadelphia, the names of officers who discharge weapons are routinely released within 72 hours of the incident.
The American Civil Liberties Union of Pennsylvania objects to the bills, said Andy Hoover, legislative director for the group.
“We don’t think any municipality in Pennsylvania should have a gag order from the state legislature,” Hoover told PGN.
Transparency is important in police matters, Hoover added.
“The ACLU of Pennsylvania advocates for erring on the side of transparency in these situations. That’s what’s best for police-community relations. We are actively working to stop these bills.”
Hoover acknowledged that, in some circumstances, delaying the release of an officer’s name may be necessary.
“There may be individual circumstances where local authorities think it’s better to not release an officer’s name,” he said. “But that’s their call. That’s not a decision to be made by politicians in Harrisburg.”
Asa Khalif, head of the Pennsylvania chapter of Black Lives Matter, echoed Hoover’s sentiments.
“In a democracy, people must be held accountable, and that means identifying anyone who kills,” Khalif said. “Especially police, because they’re held to a higher standard. They’re public servants and they work for us.”
Khalif cited the Nizah Morris incident among several cases in Philadelphia that demonstrate the need for police transparency.
“We cannot allow the police to be above the law,” Khalif said. “There has to be transparency and accountability for officers who use questionable force.”
Kelvyn Anderson, executive director of the city’s Police Advisory Commission, said the PAC opposes both bills.
“Transparency of thousands of police actions — not just shootings but any investigated use of force — and the officers who take these actions should not be solely conditioned on proving or disproving threats,” Anderson said. “These bills were created with negligible input from any groups except police unions — and it shows.”
The Pennsylvania NewsMedia Association also opposes the bills.
“The identity of officers involved in a shooting or use-of-force incident, as well as the basic facts surrounding such incidents, are critical to the public’s understanding of law-enforcement actions,” said Paula Knudsen, PNA’s legislative counsel.
Lauren Hitt, a spokesperson for Mayor Jim Kenney, said the administration is studying both bills.
“The mayor doesn’t believe that Harrisburg should be managing our police force,” Hitt said in an email. “He believes the standard set by [former Police] Commissioner Ramsey is appropriate.”
Hitt was asked if Kenney will comply if either bill is enacted into law.
“The city will comply with all lawful requirements applicable to the city,” Hitt said. “We have not examined the bills carefully enough to offer an opinion as to their specific legal effect and will be studying them with our legal and legislative staff, as they proceed through the legislative process.”