Bill Text: NY A06457 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the re-assignment of police officers pending certain investigations of incompetency or misconduct involving egregious behavior including, but not limited to, police brutality, intimidation, racial profiling, planting or fabricating evidence, unwarranted search and seizure, violating department procedures, and abuse of authority, and provides for an expeditious investigation of such incidents.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to governmental employees [A06457 Detail]

Download: New_York-2023-A06457-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6457

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 11, 2023
                                       ___________

        Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred to
          the Committee on Governmental Employees

        AN ACT to amend the civil service law, in relation to the  re-assignment
          of police officers pending certain investigations and hearings

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as  the  "one  bad
     2  apple police bad behavior prevention law".
     3    §  2.  Section  75 of the civil service law is amended by adding a new
     4  subdivision 3-b to read as follows:
     5    3-b. Re-assignment of police officers pending investigation. (a) If  a
     6  video  or  other  evidence  exists identifying a police or peace officer
     7  engaging in egregious behavior including, but  not  limited  to,  police
     8  brutality,  intimidation,  racial  profiling,  planting  or  fabricating
     9  evidence, unwarranted search and seizure,  violating  department  proce-
    10  dures, and abuse of authority, the commissioner of police, chief officer
    11  of  the department or any officer so authorized to execute such an order
    12  shall relieve the officer of his or her weapon and badge, and assign the
    13  officer to desk duty pending the investigation of and hearing and deter-
    14  mination of charges of incompetency or misconduct.
    15    (b) When an incident involving conduct described in paragraph  (a)  of
    16  this  subdivision  occurs,  the  department shall conduct an expeditious
    17  preliminary investigation to determine whether charges  of  incompetency
    18  or  misconduct should be brought against the officer. If the preliminary
    19  investigation determines that charges should not be brought against  the
    20  officer,  the  department  may  restore  the  officer to full status and
    21  return his or her weapon and badge.   If the  preliminary  investigation
    22  determines  that  charges  should  be  brought  against the officer, the
    23  investigation and hearing of charges of incompetency or misconduct shall
    24  proceed and the department shall not restore the officer to full  status
    25  nor  return  his or her weapon and badge until a determination regarding
    26  charges of incompetency or misconduct has been made.
    27    § 3. This act shall take effect immediately and shall apply  to  cases
    28  pending or arising on or after such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07929-01-3