BILL NUMBER: S5682

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the general obligations law, in relation to implementing
the "Cassie's law"

 
PURPOSE OR GENERAL IDEA OF BILL:

To hold people civilly accountable for bribing third parties to with-
hold, alter, or destroy incriminating evidence.

 
SUMMARY OF PROVISIONS:

Section 1 sets the short name of the bill as Cassie's Law

Section 2 amends article 5 of the general obligations law by adding a
new title 18 which establishes that certain contracts in which a person
"renders criminal assistance" (such as by agreeing to hinder the appre-
hension of a person alleged to have committed a crime or concealing,
destroying, or altering physical evidence) are void as a matter of
              

public policy and further provides that a person harmed by such a
contract shall have a private right of action.

Section 3 sets the effective date.

 
JUSTIFICATION:

Holding people accountable for bribing public and private entities to
withhold, alter, or destroy evidence of a crime is paramount for main-
taining the integrity of the justice system. Such actions undermine the
rule of law, making it difficult for justice to be served fairly and
equitably. When evidence is tampered with, it compromises the ability of
courts to make informed decisions based on the facts. This not only
affects the immediate case but also erodes public trust in the legal
system, creating a perception that justice can be bought or manipulated.

Bribery in relation to evidence tampering is particularly insidious
because it often occurs behind the scenes, making it harder to detect
and address. It can protect individuals who have committed serious
crimes from facing appropriate consequences, thereby endangering public
safety and potentially allowing repeat offenses. Furthermore, it can
lead to wrongful convictions, where innocent people are punished for
crimes they did not commit while the actual perpetrators remain free.
This miscarriage of justice is not only a personal tragedy for the
wrongfully convicted but also a societal failure that shakes the founda-
tional principles of fairness and due process. Moreover, allowing such
corrupt practices to go unchecked can create a culture of impunity where
unethical behavior becomes normalized. This can spread beyond the
initial instances, affecting various sectors and leading to widespread
corruption. Public and private entities involved in the justice process
must be held to the highest standards of integrity to prevent a domino
effect of corruption. Vigilant enforcement against bribery involving
evidence tampering serves as a deterrent, signaling that such behavior
will not be tolerated and there are profound consequences for attempting
to subvert justice.


Ensuring accountability in these cases also reinforces the importance of
transparency and accountability in both public and private sectors. It
sends a clear message that all individuals and organizations are subject
to the law and that attempts to undermine legal processes will be met
with strict penalties. This upholds the principle that no one is above
the law and strengthens the overall fabric of democratic governance and
civil society.

In conclusion, holding individuals accountable for bribing entities to
manipulate evidence is essential to preserve the integrity of the
justice system, protect public safety, and maintain public trust. It
prevents the perversion of justice, deters corrupt practices, and
upholds the rule of law. Ensuring such accountability not only serves
immediate justice but also fosters a culture of integrity and transpar-
ency that is crucial for the long-term health of our legal and societal
institutions.

 
PRIOR LEGISLATIVE HISTORY:.

Senate:

2024: S9914 (Salazar) - Referred to Rules

Assembly:

2024: A10597 (Cunningham) - Referred to Judiciary

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.