NY State Senate Bill 2021-S1990A

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jun 01, 2021	print number 1990a
Jun 01, 2021	amend and recommit to codes
Jan 16, 2021	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S1990 - Details

Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8576
2023-2024: S1987

2021-S1990 - Summary

Grants immunity from professional retaliation against a law enforcement employee who intervenes against police misconduct committed by another member of law enforcement.

2021-S1990 - Sponsor Memo

                                
 
BILL NUMBER: S1990

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-W 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:

Law enforcement officers in New York and around the country have come
under criticism for egregious police misconduct in certain situations,
especially in their interactions with communities of color. A large part
of this criticism is a culture of policing that limits and in some
instances actively discourages accountability for wrongdoing. In partic-
ular, officers who may wish to intervene in situations of police miscon-
duct may be reluctant to do so because of professional repercussions and
a lack of protection from liability.

In 2006, City of Buffalo Police Officer Cariol Home intervened when a
fellow officer was beating a prisoner who was handcuffed and unarmed.
Following an investigation of the incident, Officer Home was fired from
her position with the Buffalo Police Department. This legislation is
aimed to create Good Samaritan protections for officers like Officer
Home, insulating them from professional retaliation and civil and crimi-
nal liability stemming from their intervention against police miscon-
duct.

 
LEGISLATIVE HISTORY:

2019-2020: S.8576 - Referred to Rules/A.10630 - Referred to Governmental
Operations

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1990 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1990
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sens. JACKSON, HOYLMAN, RAMOS, RIVERA, SEPULVEDA -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Codes
 
 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-w
 to read as follows:
   §  837-W.  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

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

                                                            LBD02347-01-1

 S. 1990                             2
 
 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
 SECTION  SEVEN HUNDRED FORTY OF THE LABOR LAW, AGAINST A LAW ENFORCEMENT
 EMPLOYEE BECAUSE SUCH EMPLOYEE BELIEVES THAT HE OR  SHE  HAD  REASONABLE
 CAUSE TO INTERVENE AGAINST POLICE MISCONDUCT AND INTERVENED AGAINST SUCH
 POLICE MISCONDUCT.
   § 2. This act shall take effect immediately.

co-Sponsors

2021-S1990A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8576
2023-2024: S1987

2021-S1990A (ACTIVE) - Summary

Grants immunity from professional retaliation against a law enforcement employee who intervenes against police misconduct committed by another member of law enforcement.

2021-S1990A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1990A

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the executive law, in relation to law enforcement inter-
vention against police misconduct

 
SUMMARY OF PROVISIONS:

Section 1 adds a new Section 837-W 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:

Law enforcement officers in New York and around the country have come
under criticism for egregious police misconduct in certain situations,
especially in their interactions with communities of color. A large part
of this criticism is a culture of policing that limits and in some

instances actively discourages accountability for wrongdoing. In partic-
ular, officers who may wish to intervene in situations of police miscon-
duct may be reluctant to do so because of professional repercussions and
a lack of protection from liability.

In 2006, City of Buffalo Police Officer Cariol Horne intervened when a
fellow officer was beating a prisoner who was handcuffed and unarmed.
Following an investigation of the incident, Officer Horne was fired from
her position with the Buffalo Police Department. This legislation is
aimed to create Good Samaritan protections for officers like Officer
Horne, insulating them from professional retaliation and civil and crim-
inal liability stemming from their intervention against police miscon-
duct.

 
LEGISLATIVE HISTORY:

2019-2020: S.8576 - Referred to Rules/A.10630 - Referred to Governmental
Operations

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1990A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1990--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sens. JACKSON, HOYLMAN, RAMOS, RIVERA, SEPULVEDA -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Codes  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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-w
 to read as follows:
   § 837-W. 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  PROFESSIONAL RETALIATION AGAINST A LAW ENFORCEMENT
 EMPLOYEE WHO INTERVENES AGAINST POLICE MISCONDUCT.   A  LAW  ENFORCEMENT
 AGENCY  SHALL NOT TAKE ANY RETALIATORY PERSONNEL ACTION, AS SUCH TERM IS

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

                                                            LBD02347-02-1

 S. 1990--A                          2
 
 DEFINED IN PARAGRAPH (E) OF SUBDIVISION ONE  OF  SECTION  SEVEN  HUNDRED
 FORTY  OF THE LABOR LAW, AGAINST A LAW ENFORCEMENT EMPLOYEE BECAUSE SUCH
 EMPLOYEE BELIEVES THAT HE OR  SHE  HAD  REASONABLE  CAUSE  TO  INTERVENE
 AGAINST POLICE MISCONDUCT AND INTERVENED AGAINST SUCH POLICE MISCONDUCT.
   § 2. This act shall take effect immediately.

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Senate Bill S1990A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2021-S1990 - Details

2021-S1990 - Summary

2021-S1990 - Sponsor Memo

2021-S1990 - Bill Text download pdf

co-Sponsors

2021-S1990A (ACTIVE) - Details

2021-S1990A (ACTIVE) - Summary

2021-S1990A (ACTIVE) - Sponsor Memo

2021-S1990A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1990A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2021-S1990 - Details

2021-S1990 - Summary

2021-S1990 - Sponsor Memo

2021-S1990 - Bill Text download pdf

co-Sponsors

2021-S1990A (ACTIVE) - Details

2021-S1990A (ACTIVE) - Summary

2021-S1990A (ACTIVE) - Sponsor Memo

2021-S1990A (ACTIVE) - Bill Text download pdf

Comments