S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4563--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A.  EPSTEIN, SEAWRIGHT, GOTTFRIED, SIMON, MEEKS,
   FERNANDEZ -- read once and referred to the Committee  on  Governmental
   Operations  -- recommitted to the Committee on Governmental Operations
   in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the executive law, in  relation  establishing  reporting
   duties  of  law enforcement agencies with respect to police misconduct
   allegations and outcomes
 
   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-x
 to read as follows:
   § 837-X. REPORTING DUTIES OF LAW ENFORCEMENT AGENCIES WITH RESPECT  TO
 POLICE  MISCONDUCT  ALLEGATIONS  AND  OUTCOMES.  1. DEFINITIONS. FOR THE
 PURPOSES OF THIS SECTION:
   A. "ACTION PENDING INVESTIGATION" MEANS  AN  ACTION  TAKEN  BY  A  LAW
 ENFORCEMENT  AGENCY  IN RESPONSE TO THE OPENING OF AN INVESTIGATION INTO
 AN ALLEGED INFRACTION, INCLUDING BUT NOT LIMITED TO PLACING  AN  OFFICER
 ON MODIFIED DUTY, UNPAID SUSPENSION, OR PAID SUSPENSION.
   B.  "ENCOUNTER"  MEANS  THE CONTACT BETWEEN THE SUBJECT OFFICER AND AN
 INDIVIDUAL THAT RESULTED IN EITHER A POLICE MISCONDUCT COMPLAINT  OR  AN
 ALLEGED INFRACTION.
   C. "ALLEGED INFRACTION" MEANS ANY ALLEGED VIOLATION OF AGENCY RULES OR
 POLICIES  OR  VIOLATIONS  OF  LAW  BY  AN OFFICER. AN ALLEGED INFRACTION
 INCLUDES ANY RULE VIOLATION REGARDLESS OF WHETHER IT IS ASSOCIATED  WITH
 A  POLICE  MISCONDUCT  COMPLAINT.  THE  TERM ALLEGED INFRACTION DOES NOT
 INCLUDE TECHNICAL INFRACTIONS AS DEFINED IN SECTION  EIGHTY-SIX  OF  THE
 PUBLIC OFFICERS LAW.
   D. "DISCIPLINARY ACTION" MEANS ANY ACTION TAKEN BY THE LAW ENFORCEMENT
 AGENCY AS A RESULT OF AN INVESTIGATION CONCERNING AN ALLEGED INFRACTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08062-02-2
              

 A. 4563--A                          2
 
 DISCIPLINARY  ACTION INCLUDES BUT IS NOT LIMITED TO CHARGES AND SPECIFI-
 CATIONS, TERMINATION, FORCED SEPARATION, PROBATION, SUSPENSION, LOSS  OF
 VACATION   DAYS,   TRAINING,  INSTRUCTIONS,  MANDATED  DRUG  SCREENINGS,
 MANDATED  COUNSELING,  DIVESTURE OF INTEREST, COMMAND DISCIPLINE, OR ANY
 OTHER SUCH CATEGORY OF DISCIPLINE  MAINTAINED  BY  THE  LAW  ENFORCEMENT
 AGENCY. THE TERM "DISCIPLINARY ACTION" ALSO INCLUDES A RECOMMENDATION OR
 DECISION NOT TO IMPOSE ANY PENALTY.
   E. "INVESTIGATING AGENCY" MEANS THE AGENCY RESPONSIBLE FOR INVESTIGAT-
 ING THE ALLEGED INFRACTION.
   F. "LAW ENFORCEMENT AGENCY" MEANS A POLICE AGENCY OR DEPARTMENT OF THE
 STATE  OR  ANY  POLITICAL  SUBDIVISION THEREOF, INCLUDING AUTHORITIES OR
 AGENCIES MAINTAINING POLICE FORCES  OF  INDIVIDUALS  DEFINED  AS  POLICE
 OFFICERS  IN  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, OR A SHERIFF'S
 DEPARTMENT.
   G. "OFFICER" MEANS A POLICE OFFICER, AS DEFINED IN  SUBDIVISION  THIR-
 TY-FOUR  OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, OR A PEACE OFFI-
 CER AS DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW.
   H. "ORIGINATING AGENCY" MEANS THE  AGENCY  THAT  FIRST  IDENTIFIED  AN
 ALLEGED INFRACTION OR THAT RECEIVED A POLICE MISCONDUCT COMPLAINT.
   I.  "POLICE  MISCONDUCT  COMPLAINT"  MEANS ANY COMPLAINT OF MISCONDUCT
 ALLEGED BY A MEMBER OF THE PUBLIC OR AN EMPLOYEE OF  A  LAW  ENFORCEMENT
 AGENCY  WHERE  THE  SUBJECT  OF  SUCH  A COMPLAINT IS AN OFFICER. POLICE
 MISCONDUCT COMPLAINT INCLUDES ANY COMPLAINT MADE TO THE LAW  ENFORCEMENT
 AGENCY  OR  ANY  OTHER AGENCY AUTHORIZED TO INVESTIGATE MISCONDUCT BY AN
 OFFICER. POLICE MISCONDUCT COMPLAINTS MAY BE BROUGHT AGAINST ONE OR MORE
 OFFICERS AND MAY CONTAIN ONE OR MORE ALLEGED INFRACTIONS.
   J. "SUBJECT OFFICER" MEANS AN OFFICER WHO IS ALLEGED TO HAVE COMMITTED
 AN ALLEGED INFRACTION. THERE MAY BE MULTIPLE SUBJECT  OFFICERS  INVOLVED
 IN A SINGLE POLICE MISCONDUCT COMPLAINT.
   K.  "UNIQUE,  PERMANENT, AND STABLE IDENTIFYING NUMBER" MEANS A NUMBER
 THAT IS ASSIGNED TO EACH OFFICER BY THE EMPLOYING AGENCY,  MUNICIPALITY,
 OR  THE DIVISION THAT IS UNIQUE, PERMANENTLY ASSOCIATED WITH THE OFFICER
 AND WHICH DOES NOT CHANGE DURING THE  OFFICER'S  LIFETIME.  SUCH  NUMBER
 SHALL  BE  THE  TAX IDENTIFICATION NUMBER ASSIGNED TO THE OFFICER BY THE
 AGENCY WHERE SUCH NUMBER IS ISSUED.
   2. THE DIVISION SHALL ESTABLISH AND MAINTAIN ON ITS OFFICIAL WEBSITE A
 PUBLIC, SEARCHABLE DATABASE OF ALLEGED INFRACTIONS AND POLICE MISCONDUCT
 COMPLAINTS. SUCH DATABASE SHALL CONSIST OF THE INFORMATION DESCRIBED  IN
 SUBDIVISION  THREE  OF  THIS  SECTION.  SUCH  DATABASE SHALL INCLUDE ALL
 RECORDS DESCRIBED IN SUBDIVISION THREE OF  THIS  SECTION  REGARDLESS  OF
 WHEN  THOSE  RECORDS  WERE  PRODUCED  OR  CREATED, AND REGARDLESS OF THE
 DISPOSITION OF ANY INVESTIGATION INTO AN ALLEGED  INFRACTION  OR  POLICE
 MISCONDUCT COMPLAINT.
   3.  THE  DATABASE  DESCRIBED  IN SUBDIVISION TWO OF THIS SECTION SHALL
 INCLUDE THE FOLLOWING:
   A. THE NAME OF THE SUBJECT OFFICER FOR EACH ALLEGED INFRACTION;
   B. THE LAW ENFORCEMENT AGENCY THAT EMPLOYEES THE SUBJECT OFFICER;
   C. THE SHIELD NUMBER OF THE SUBJECT OFFICER AT THE TIME OF THE ALLEGED
 ENCOUNTER;
   D. THE UNIQUE, PERMANENT, AND STABLE IDENTIFYING NUMBER OF THE SUBJECT
 OFFICER;
   E. THE RANK OF THE SUBJECT OFFICER AT THE TIME OF THE ALLEGED ENCOUNT-
 ER;
   F. THE COMMAND OF THE SUBJECT OFFICER  AT  THE  TIME  OF  THE  ALLEGED
 ENCOUNTER;
 A. 4563--A                          3
 
   G.  THE  PRECINCT  OF  THE  SUBJECT OFFICER AT THE TIME OF THE ALLEGED
 ENCOUNTER;
   H.  WHETHER  THE SUBJECT OFFICER IS CURRENTLY ON ACTIVE DUTY, RETIRED,
 OR HAS BEEN TERMINATED;
   I. DEMOGRAPHIC INFORMATION ON THE  SUBJECT  OFFICER,  INCLUDING  RACE,
 ETHNICITY, GENDER, AND AGE;
   J.  WHETHER  AN  ALLEGATION  IS  CONCERNING  AN IMPROPER USE OF FORCE;
 RACIAL PROFILING; BIASED POLICING; SEXUAL MISCONDUCT; AN UNLAWFUL  STOP;
 AN  UNLAWFUL SEARCH; AN UNLAWFUL ARREST; FALSIFYING OFFICIAL STATEMENTS;
 UNLAWFUL ENTRY; INTERFERING WITH DOCUMENTING POLICE ACTIVITY;  TAMPERING
 WITH  EVIDENCE; FAILURE TO PROVIDE AID OR MEDICAL ATTENTION; INTERFERING
 WITH INVESTIGATIONS INTO ALLEGED INFRACTIONS; AN  OFFICER'S  FAILURE  TO
 IDENTIFY THEMSELVES; OR OTHER;
   K. THE ALLEGED INFRACTION;
   L. THE DATE OF THE ENCOUNTER;
   M. THE DATE OF THE ALLEGED INFRACTION;
   N. THE LOCATION WHERE THE ENCOUNTER OCCURRED;
   O.  WHETHER  THE  CONTACT  WAS  OFFICER-INITIATED  OR IN RESPONSE TO A
 DISPATCH OR A REQUEST FOR ASSISTANCE BY A MEMBER OF THE PUBLIC;
   P. WHETHER THE ENCOUNTER WAS A RESULT OF A PEDESTRIAN STOP, CAR  STOP,
 AIDED  REQUEST,  EXECUTION  OF  A  WARRANT,  WITNESS  INTERVIEW,  POLICE
 DISPATCH TO  RESPOND  TO  A  PERSON  EXPERIENCING  A  MENTAL  HEALTH  OR
 SUBSTANCE USE EMERGENCY, OR OTHER;
   Q.  DEMOGRAPHIC  INFORMATION  OF  THE  ALLEGED VICTIM, INCLUDING RACE,
 ETHNICITY, GENDER, AND AGE, TO  THE  EXTENT  THAT  SUCH  INFORMATION  IS
 RECORDED;
   R. A UNIQUE SERIAL CASE IDENTIFICATION NUMBER;
   S. THE ORIGINATING AGENCY;
   T. THE INVESTIGATING AGENCY;
   U. THE DATE THE INVESTIGATING AGENCY BEGAN ITS INVESTIGATION;
   V. THE STATUS OF AN INVESTIGATION (OPEN OR CLOSED);
   W.  WHETHER WITNESSES TO THE ALLEGED ENCOUNTER OR OTHER WITNESSES WERE
 INTERVIEWED. IF SO, THE DATABASE SHALL INDICATE  WHETHER  THE  WITNESSES
 WERE OFFICERS, CIVILIANS, OR BOTH;
   X.  WHETHER  THE  INVESTIGATING  AGENCY REVIEWED VIDEO FOOTAGE, PHOTO-
 GRAPHIC IMAGES, OR OTHER RECORDINGS OF THE ALLEGED ENCOUNTER;
   Y. THE DATE OF THE FINDING BY THE INVESTIGATING AGENCY;
   Z. THE FINDING OF THE INVESTIGATING AGENCY, INCLUDING ANY  DISPOSITION
 CATEGORY  MAINTAINED  BY  THE  AGENCY  REGARDLESS  OF THE NATURE OF SUCH
 DISPOSITION;
   AA. THE DISCIPLINARY ACTION RECOMMENDED BY THE INVESTIGATING AGENCY;
   BB. ANY ACTION PENDING INVESTIGATION  TAKEN  BY  THE  LAW  ENFORCEMENT
 AGENCY;
   CC. WHETHER THE SUBJECT OFFICER WAS SUBJECT TO AN ADMINISTRATIVE PROS-
 ECUTION. IF SO, THE DATABASE SHALL ALSO INCLUDE AND BE SEARCHABLE BY THE
 FOLLOWING:
   I. THE CHARGES AGAINST THE SUBJECT OFFICER;
   II. THE FINDING PER CHARGE, INCLUDING GUILTY OR NOT GUILTY; AND
   III.  THE DISCIPLINARY ACTION RECOMMENDED BY THE PERSON PRESIDING OVER
 SUCH PROSECUTION;
   DD. THE DISCIPLINARY ACTION TAKEN BY THE LAW ENFORCEMENT AGENCY; AND
   EE. THE JUSTIFICATION FOR  ANY  DIVERGENCE  BETWEEN  THE  DISCIPLINARY
 ACTION  TAKEN  BY THE LAW ENFORCEMENT AGENCY AND THE DISCIPLINARY ACTION
 RECOMMENDED BY THE INVESTIGATING AGENCY.
   4. WHERE THE NAME OF AN OFFICER IS UNKNOWN AT THE TIME OF THE  INITIAL
 COMPLAINT  OR  OPENING  OF AN INVESTIGATION, THE DATABASE SHALL INDICATE
 A. 4563--A                          4
 
 "OFFICER UNKNOWN". IF AN OFFICER'S NAME IS DISCOVERED IN THE  COURSE  OF
 AN  INVESTIGATION,  THE INVESTIGATING AGENCY SHALL PROVIDE THAT INFORMA-
 TION TO THE DIVISION WITHIN THIRTY DAYS. THE DIVISION SHALL  UPDATE  THE
 DATABASE  WITH SUCH OFFICER'S NAME WITHIN THIRTY DAYS OF RECEIPT OF SUCH
 INFORMATION.
   5. THE INFORMATION IN THE DATABASE REQUIRED BY SUBDIVISION TWO OF THIS
 SECTION SHALL BE UPDATED MONTHLY.
   6. THE DATABASE DESCRIBED IN SUBDIVISION TWO OF THIS SECTION SHALL NOT
 INCLUDE THE NAME OF OR ANY OTHER  INDIVIDUALLY  IDENTIFYING  INFORMATION
 FOR ANY PERSON OTHER THAN THE SUBJECT OFFICER.
   7.  THE  INFORMATION  INCLUDED IN THE DATABASE REQUIRED BY SUBDIVISION
 TWO OF THIS SECTION SHALL BE AVAILABLE IN A FORMAT  THAT  PERMITS  AUTO-
 MATED  PROCESSING  AND  SHALL  BE  AVAILABLE  WITHOUT  ANY  REGISTRATION
 REQUIREMENT, LICENSE REQUIREMENT OR RESTRICTIONS ON THEIR USE,  PROVIDED
 THAT  THE  DIVISION  MAY  REQUIRE A THIRD PARTY PROVIDING THE PUBLIC ANY
 DATA FROM SUCH DATABASE, OR ANY  APPLICATION  UTILIZING  SUCH  DATA,  TO
 EXPLICITLY   IDENTIFY  THE  SOURCE  AND  VERSION  OF  THE  DATA,  AND  A
 DESCRIPTION OF ANY MODIFICATIONS MADE TO SUCH DATA.
   8. THE CHIEF OF EVERY POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND  THE
 SUPERINTENDENT OF STATE POLICE SHALL REPORT TO THE DIVISION ON A MONTHLY
 BASIS ALL INFORMATION DESCRIBED IN SUBDIVISION THREE OF THIS SECTION.
   9.  FOR  RECORDS  IN  EXISTENCE  PRIOR  TO  THE EFFECTIVE DATE OF THIS
 SECTION, THE CHIEF OF EVERY POLICE DEPARTMENT, EACH COUNTY SHERIFF,  AND
 THE  SUPERINTENDENT  OF  THE  STATE POLICE SHALL PROVIDE ALL INFORMATION
 DESCRIBED IN SUBDIVISION THREE OF THIS SECTION TO THE EXTENT SUCH INFOR-
 MATION EXISTS.
   10. THE  DIVISION  SHALL  PROMULGATE  REGULATIONS  TO  EFFECTUATE  THE
 REPORTING  OF  INFORMATION  FROM  LAW ENFORCEMENT AGENCIES SUFFICIENT TO
 ESTABLISH THE DATABASE DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.