Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jun 16, 2020 |
referred to rules |
Senate Bill S8576
2019-2020 Legislative Session
Sponsored By
(D, WF) 31st Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D, WF) 47th Senate District
(D) Senate District
(D, WF) 13th Senate District
(D, WF) 33rd Senate District
2019-S8576 (ACTIVE) - Details
2019-S8576 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8576 SPONSOR: JACKSON TITLE OF BILL: An act to amend the executive law, in relation to law enforcement inter- vention against police misconduct PURPOSE: SUMMARY OF PROVISIONS: Section 1 adds a new Section 837-V to the Executive Law that enumerates protections for law enforcement officers who intervene in situations to stop police misconduct. It also provides definitions. Section 2 is the effective date. JUSTIFICATION:
2019-S8576 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8576 I N S E N A T E June 16, 2020 ___________ Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to law enforcement inter- vention against police misconduct THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 837-v to read as follows: § 837-V. LAW ENFORCEMENT INTERVENTION AGAINST POLICE MISCONDUCT. 1. DEFINITIONS. WHEN USED IN THIS SECTION, AND UNLESS THE SPECIFIC CONTEXT INDICATES OTHERWISE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN- INGS: (A) "POLICE MISCONDUCT" MEANS CONDUCT BY A LAW ENFORCEMENT OFFICER IN THE COURSE OF AN ARREST OR OTHERWISE IN THE OFFICIAL CAPACITY OF SUCH LAW ENFORCEMENT OFFICER THAT IS: (I) EXCESSIVE, FORCEFUL, OR VIOLENT AND THAT IS NOT JUSTIFIED UNDER SECTION 35.30 OF THE PENAL LAW; (II) A FALSE ARREST; (III) SEXUAL MISCONDUCT; OR (IV) WITNESS TAMPERING. (B) A "LAW ENFORCEMENT EMPLOYEE" MEANS: (I) ANY EMPLOYEE OF THE STATE POLICE DEPARTMENT, AS DEFINED IN SECTION TWO HUNDRED TWENTY-THREE OF THIS CHAPTER; (II) ANY EMPLOYEE OF A COUNTY SHERIFF'S DEPARTMENT; OR (III) ANY EMPLOYEE OF A CITY, TOWN, VILLAGE, UNIVERSITY, PARK, OR PUBLIC AUTHORITY'S POLICE DEPARTMENT. 2. IMMUNITY FROM LIABILITY AND PROFESSIONAL RETALIATION AGAINST A LAW ENFORCEMENT EMPLOYEE WHO INTERVENES AGAINST POLICE MISCONDUCT. (A) ANY LAW ENFORCEMENT EMPLOYEE WHO IN GOOD FAITH INTERVENES AGAINST POLICE MISCONDUCT IN COMPLIANCE WITH THIS ARTICLE SHALL HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR CRIMINAL, THAT MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTIONS. (B) A LAW ENFORCEMENT AGENCY SHALL NOT TAKE ANY RETALIATORY PERSONNEL ACTION, AS SUCH TERM IS DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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