Bill Text: NY S06247 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to jurisdiction over police discipline; provides that the civilian complaint review board and the police commissioner shall have concurrent jurisdiction over the discipline of the New York city police department and of the police force of the department.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CITIES 1 [S06247 Detail]

Download: New_York-2021-S06247-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6247

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 19, 2021
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities 1

        AN ACT to amend the New York city charter, in relation  to  jurisdiction
          over police department discipline

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

     1    Section 1. Paragraph 1 of subdivision (c) of section 440  of  the  New
     2  York  city  charter,  as amended by section 2 of Question 2 of local law
     3  number 215 of the city of New York for the year 2019, is amended to read
     4  as follows:
     5    1. The board and the police commissioner shall have concurrent  juris-
     6  diction  over  the discipline of the New York city police department and
     7  of the police force of the department. The board shall have the power to
     8  receive, investigate, hear, make findings and [recommend action]  recom-
     9  mendations,   and  impose  any  penalty  or  level  of  discipline  upon
    10  complaints, and the resolution thereof, by members of the public against
    11  members of the police department that allege misconduct involving exces-
    12  sive use of force, abuse of authority, discourtesy, or use of  offensive
    13  language, including, but not limited to, slurs relating to race, ethnic-
    14  ity,  religion,  gender,  sexual orientation and disability.   The board
    15  shall also have the  power  to  investigate,  hear,  make  findings  and
    16  [recommend  action]  recommendations, and impose any penalty or level of
    17  discipline regarding the truthfulness of any material official statement
    18  made by a member of the police  department  who  is  the  subject  of  a
    19  complaint  received  by the board, if such statement was made during the
    20  course of and in relation to the board's resolution of  such  complaint.
    21  The  findings  [and],  recommendations,  penalties  or discipline of the
    22  board, and the basis therefor, shall be submitted to the police  commis-
    23  sioner.  No  finding  [or], recommendation, or discipline shall be based
    24  solely upon an unsworn complaint or statement, nor  shall  prior  unsub-
    25  stantiated,  unfounded or withdrawn complaints be the basis for any such
    26  finding [or], recommendation, or discipline.
    27    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10494-02-1