S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9032
 
                           I N  A S S E M B L Y
 
                             January 21, 2022
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the general municipal law, the  administrative  code  of
   the  city of New York, the executive law, the court of claims act, and
   the retirement and social  security  law,  in  relation  to  requiring
   damages  for tortious acts of police officers to be paid from money in
   such police officer's retirement account
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  section  heading,  subdivision  1 and paragraph a of
 subdivision 6 of section 50-j of the general municipal law, the  section
 heading  and subdivision 1 as amended by chapter 843 of the laws of 1975
 and paragraph a of subdivision 6 as added by chapter 691 of the laws  of
 1986, are amended and a new subdivision 7 is added to read as follows:
   Liability  of  police  officers  for [negligence] TORTIOUS ACTS in the
 performance of duty. 1. [Notwithstanding the provisions of any  general,
 special or local law, charter or code to the contrary, every city, coun-
 ty,  town,  village,  authority or agency shall be liable for, and shall
 assume the liability to the extent that it shall save harmless, any] ANY
 duly appointed police officer of [such]  A  municipality,  authority  or
 agency SHALL BE LIABLE for any negligent act or tort[, provided] COMMIT-
 TED BY SUCH POLICE OFFICER WHILE such police officer, at the time of the
 negligent  act  or  tort complained of, was acting in the performance of
 his OR HER duties and within the scope of his OR HER employment.
   a. In addition to the requirements of subdivision one of this section,
 upon discretionary adoption of a local law, ordinance, resolution,  rule
 or  regulation,  any  city,  county, town, village, authority, or agency
 shall provide for the defense of any civil action or proceeding  brought
 against  a duly appointed police officer of such municipality, authority
 or agency [and shall indemnify and save  harmless  such  police  officer
 from  any  judgment  of  a court of competent jurisdiction whenever such
 action, proceeding or judgment is for  punitive  or  exemplary  damages,
 arising  out  of  a  negligent  act or other tort of such police officer
 committed while in the proper discharge of his  duties  and  within  the

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

                                                            LBD11156-01-1
 A. 9032                             2

 scope  of  his  employment].  Such  municipality, authority or agency is
 hereby authorized and empowered to purchase insurance to cover the  cost
 of such defense and indemnification.
    7.  ANY  DULY  APPOINTED  POLICE  OFFICER  OF ANY CITY, COUNTY, TOWN,
 VILLAGE, AUTHORITY OR AGENCY MAY BE  FOUND  LIABLE  FOR  NEGLIGENT  ACTS
 COMMITTED BY SUCH POLICE OFFICER WHILE SUCH POLICE OFFICER WAS ACTING IN
 THE  PERFORMANCE OF HIS OR HER DUTIES AND WITHIN THE SCOPE OF HIS OR HER
 EMPLOYMENT.  IF SUCH POLICE OFFICER IS FOUND LIABLE FOR  SUCH  NEGLIGENT
 ACTS,  ANY  DAMAGES  AWARDED TO THE PLAINTIFF SHALL BE PAID OUT FROM THE
 MONEY IN SUCH POLICE OFFICER'S RETIREMENT ACCOUNT.
   § 2. The administrative code of the city of New  York  is  amended  by
 adding a new section 7-213 to read as follows:
   §  7-213  CLAIMS  FOR  TORTIOUS  ACTS  OF  POLICE. WHERE A JUDGMENT OR
 SETTLEMENT FOR ANY NEGLIGENT ACT OR OTHER TORT  COMMITTED  BY  A  POLICE
 OFFICER  OF  THE  CITY  RESULTS  IN A PAYMENT OF MONETARY DAMAGES TO THE
 CLAIMANT, SUCH MONETARY DAMAGES SHALL BE PAID OUT FROM THE MONEY IN SUCH
 POLICE OFFICER'S RETIREMENT ACCOUNT.
   § 3. The executive law is amended by adding a new section 235 to  read
 as follows:
   § 235. CIVIL ACTIONS AGAINST THE STATE POLICE. ANY MEMBER OF THE STATE
 POLICE  MAY  BE FOUND LIABLE FOR NEGLIGENT ACTS OR OTHER TORTS COMMITTED
 BY SUCH MEMBER WHILE SUCH MEMBER WAS ACTING IN THE PERFORMANCE OF HIS OR
 HER DUTIES AND WITHIN THE SCOPE OF HIS  OR  HER  EMPLOYMENT.    IF  SUCH
 MEMBER  IS  FOUND LIABLE FOR SUCH NEGLIGENT ACTS, ANY DAMAGES AWARDED TO
 THE PLAINTIFF SHALL BE PAID OUT FROM THE MONEY IN SUCH MEMBER'S  RETIRE-
 MENT ACCOUNT.
   §  4.  The court of claims act is amended by adding a new section 20-b
 to read as follows:
   § 20-B. CIVIL ACTIONS AGAINST A MEMBER OF THE STATE POLICE. ANY  INDI-
 VIDUAL MEMBER OF THE STATE POLICE MAY BE FOUND LIABLE FOR NEGLIGENT ACTS
 OR  OTHER TORTS COMMITTED BY SUCH MEMBER WHILE SUCH MEMBER WAS ACTING IN
 THE PERFORMANCE OF HIS OR HER DUTIES AND WITHIN THE SCOPE OF HIS OR  HER
 EMPLOYMENT.  IF  SUCH  MEMBER IS FOUND LIABLE FOR SUCH NEGLIGENT ACTS OR
 OTHER TORTS AND A JUDGMENT IS ENTERED AGAINST SUCH MEMBER,  ANY  DAMAGES
 AWARDED  TO  THE  PLAINTIFF  SHALL  BE  PAID  OUT FROM THE MONEY IN SUCH
 MEMBER'S RETIREMENT ACCOUNT AND SHALL NOT BE PAID  BY  THE  COMPTROLLER.
 ANY  JUDGMENT  ENTERED  AGAINST  THE DIVISION OF STATE POLICE AS A WHOLE
 SHALL BE PAID BY THE COMPTROLLER.
   § 5. Section 351 of the retirement and social security law is  amended
 by adding a new subdivision f to read as follows:
   F.  NO  MEMBER SHALL WITHDRAW ANY ACCUMULATED CONTRIBUTIONS IF A JUDG-
 MENT HAS BEEN ENTERED AGAINST SUCH MEMBER FOR NEGLIGENT  ACTS  OR  OTHER
 TORTS  COMMITTED  BY  SUCH  MEMBER  WHILE  SUCH MEMBER WAS ACTING IN THE
 PERFORMANCE OF HIS OR HER DUTIES AND WITHIN THE  SCOPE  OF  HIS  OR  HER
 EMPLOYMENT  EXCEPT  TO PAY ANY DAMAGES THAT SUCH MEMBER HAS BEEN ORDERED
 TO PAY. SUCH  PROHIBITION  ON  WITHDRAWALS  SHALL  CONTINUE  UNTIL  SUCH
 DAMAGES  ARE  PAID  IN  FULL, AT WHICH TIME SUCH MEMBER MAY WITHDRAW ANY
 ACCUMULATED CONTRIBUTIONS IN ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS
 SECTION.
   §  6.  The  administrative  code of the city of New York is amended by
 adding a new section 13-638.7 to read as follows:
   § 13-638.7 WITHDRAWALS FROM A POLICE PENSION FUND. NO  POLICE  OFFICER
 OF  THE  CITY SHALL WITHDRAW ANY ACCUMULATED CONTRIBUTIONS FROM A POLICE
 PENSION FUND UNDER CHAPTER TWO OF THIS TITLE  IF  A  JUDGMENT  HAS  BEEN
 ENTERED AGAINST SUCH OFFICER FOR NEGLIGENT ACTS OR OTHER TORTS COMMITTED
 BY  SUCH OFFICER WHILE SUCH OFFICER WAS ACTING IN THE PERFORMANCE OF HIS
 A. 9032                             3
 
 OR HER DUTIES AND WITHIN THE SCOPE OF HIS OR HER  EMPLOYMENT  EXCEPT  TO
 PAY ANY DAMAGES THAT SUCH OFFICER HAS BEEN ORDERED TO PAY. SUCH PROHIBI-
 TION ON WITHDRAWALS SHALL CONTINUE UNTIL SUCH DAMAGES ARE PAID IN FULL.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rules or regulations necessary for the  implementation  of
 this  act  on  its effective date are authorized to be made on or before
 such effective date.