Bill Text: NY A00474 | 2019-2020 | General Assembly | Amended
Bill Title: Provides for the indefinite suspension of New York city police officers without pay pending the disposition of charges of incompetence or misconduct resulting in death or serious physical injury as defined in section 10.00 of the penal law.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - referred to governmental employees [A00474 Detail]
Download: New_York-2019-A00474-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 474--A 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY -- read once and referred to the Committee on Governmental Employees -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend chapter 753 of the laws of 1990 amending the civil service law, relating to suspension of police officers pending deter- mination of charges; and to amend the civil service law, in relation to suspension of New York city police officers without pay pending determination of charges The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1 of chapter 753 of the laws of 1990 amending the 2 civil service law, relating to suspension of police officers pending 3 determination of charges, is amended to read as follows: 4 Section 1. Notwithstanding any other provision of law to the contrary, 5 police officers as defined in paragraph (d) of subdivision 34 of section 6 1.20 of the criminal procedure law and as designated members of the 7 police department of the city of New York pursuant to section 431 of the 8 New York city charter, pending the determination of charges of incompe- 9 tency or misconduct may not be suspended for a period exceeding thirty 10 days; provided, however, that any such police officer who is subject to 11 a hearing pursuant to subdivision 3 of section 75 of the civil service 12 law wherein the charges of incompetency or misconduct are due to the 13 death or serious physical injury to a person as defined in section 10.00 14 of the penal law may be suspended without pay for an indefinite period 15 pending the determination of the hearing of charges of incompetency or 16 misconduct. 17 a. As used in this section, "indefinite period" means a period of 18 ninety days, provided that if a determination of the charge of incompe- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05265-06-9A. 474--A 2 1 tency or misconduct from the hearing has not been made during the ninety 2 day period, such period may be extended for an additional thirty days. 3 b. A hearing pursuant to subdivision 3 of section 75 of the civil 4 service law wherein the charges of incompetency or misconduct are due to 5 the death or serious physical injury to a person as defined in section 6 10.00 of the penal law shall be expedited. The hearing officer shall 7 establish a hearing schedule to ensure that this expedited hearing is 8 completed within the required timeframes. 9 c. If, after the hearing of the charges of incompetency or misconduct, 10 it is determined that the officer was found to not have acted incompe- 11 tently or committed an act of misconduct, such officer shall be restored 12 to his or her position with full pay for the period of suspension less 13 the amount of any unemployment insurance benefits he or she may have 14 received during such period. 15 § 2. Subdivision 3-a of section 75 of the civil service law, as added 16 by chapter 753 of the laws of 1990, is amended to read as follows: 17 3-a. Suspension pending determination of charges and penalties relat- 18 ing to police officers of the police department of the city of New York. 19 Pending the hearing and determination of charges of incompetency or 20 misconduct, a police officer employed by the police department of the 21 city of New York may be suspended without pay for a period not exceeding 22 thirty days; provided however, that such officer who is subject to such 23 hearing wherein such charges of incompetency or misconduct are brought 24 about as a result of the death or serious physical injury to a person as 25 defined in section 10.00 of the penal law may be suspended without pay 26 for an indefinite period pending the determination of a charge of incom- 27 petency or misconduct. 28 a. As used in this section, "indefinite period" means a period of 29 ninety days, provided that if a determination of the charge of incompe- 30 tency or misconduct from the hearing has not been made during the ninety 31 day period, such period may be extended for an additional thirty days. 32 b. A hearing pursuant to this subdivision wherein the charges of 33 incompetency or misconduct are due to the death or serious physical 34 injury to a person as defined in section 10.00 of the penal law shall be 35 expedited. The hearing officer shall establish a hearing schedule to 36 ensure that this expedited hearing is completed within the required 37 timeframes. 38 c. If, after the hearing of the charges of incompetency or misconduct, 39 it is determined that the officer was found to not have acted incompe- 40 tently or committed an act of misconduct, such officer shall be restored 41 to his or her position with full pay for the period of suspension less 42 the amount of any unemployment insurance benefits he or she may have 43 received during such period. If such officer is found guilty of the 44 charges, the police commissioner of such department may punish the 45 police officer pursuant to the provisions of sections 14-115 and 14-123 46 of the administrative code of the city of New York. 47 § 3. If any item, clause, sentence, subparagraph, subdivision, section 48 or other part of this act, or the application thereof to any person or 49 circumstances shall be held to be invalid, such holding shall not 50 affect, impair or invalidate the remainder of this act, or the applica- 51 tion of such section or part of a section held invalid, to any other 52 person or circumstances, but shall be confined in its operation to the 53 item, clause, sentence, subparagraph, subdivision, section or other part 54 of this act directly involved in such holding, or to the person and 55 circumstances therein involved.A. 474--A 3 1 § 4. This act shall take effect immediately and shall apply to cases 2 pending or arising on or after such effective date.
