Bill Text: NY S08583 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 8583 (Prior Session Legislation)

Introduced

Bill Title: Provides that any officer terminated who was dismissed for malfeasance or serious misconduct or resigned or retired during an investigation relating to such malfeasance or serious misconduct shall not be entitled to receive any retirement or other benefit or payment of any kind.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-06-16 - REFERRED TO RULES [S08583 Detail]

Download: New_York-2019-S08583-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          8583

                    IN SENATE

                                      June 16, 2020
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the civil service law, in relation to the termination of
          law enforcement officer benefits for malfeasance or serious misconduct

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

     1    Section 1. The civil service law is amended by adding  a  new  section
     2  108 to read as follows:
     3    § 108. Termination of benefits; law enforcement officers. 1.  Notwith-
     4  standing any other provision of law, any law enforcement officer that is
     5  terminated  and who (a) was dismissed for malfeasance or any other seri-
     6  ous misconduct, or (b) resigned or  retired  from  such  position  while
     7  under  investigation  for  such malfeasance or other serious misconduct,
     8  shall not be entitled to receive any  retirement  or  other  benefit  or
     9  payment of any kind.
    10    2.  The provisions of this section shall not apply to any law enforce-
    11  ment officer who is exonerated of each allegation against  such  officer
    12  of such malfeasance or other serious misconduct.
    13    3.  For  purposes  of this section, the following terms shall have the
    14  following meanings:
    15    (a) "law enforcement officer" means a police  officer  as  defined  in
    16  subdivision thirty-four of section 1.20 of the criminal procedure law;
    17    (b)  "malfeasance" means the commonly approved usage of "malfeasance";
    18  and
    19    (c) "serious misconduct" means improper or illegal actions taken by  a
    20  law  enforcement  officer  in  connection  with  such officer's official
    21  duties that could result in a miscarriage of justice or  discrimination,
    22  including, but not limited to, (i) a conviction of a felony, (ii) fabri-
    23  cation  of evidence, (iii) repeated use of excessive force, (iv) accept-
    24  ance of a bribe, or (v) the commission of fraud.
    25    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16717-01-0