S T A T E O F N E W Y O R K
________________________________________________________________________
3462
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY,
ESPAILLAT, GREENE, JACOBS, SCARBOROUGH, TOWNS -- read once and
referred to the Committee on Governmental Employees
AN ACT to amend chapter 753 of the laws of 1990 amending the civil
service law, relating to suspension of police officers pending deter-
mination of charges and to amend the civil service law, in relation to
suspension of New York city police officers without pay pending deter-
mination of charges
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 753 of the laws of 1990 amending the
civil service law, relating to suspension of police officers pending
determination of charges, is amended to read as follows:
Section 1. Notwithstanding any other provision of law to the contrary,
police officers as defined in paragraph (d) of subdivision 34 of section
1.20 of the criminal procedure law and as designated members of the
police department of the city of New York pursuant to section 431 of the
New York city charter, pending the determination of charges of incompe-
tency or misconduct may not be suspended for a period exceeding thirty
days; PROVIDED, HOWEVER, THAT ANY SUCH POLICE OFFICER WHO HAS BEEN
CHARGED AND INDICTED FOR A CRIME RESULTING IN DEATH OR INJURY TO A
PERSON AS DEFINED IN SECTION 10.00 OF THE PENAL LAW MAY BE SUSPENDED FOR
AN INDEFINITE PERIOD PENDING THE DETERMINATION OF THE CRIMINAL INDICT-
MENT AND OTHER DEPARTMENTAL CHARGES OF INCOMPETENCY OR MISCONDUCT.
S 2. Subdivision 3-a of section 75 of the civil service law, as added
by chapter 753 of the laws of 1990, is amended to read as follows:
3-a. Suspension pending determination of charges and penalties relat-
ing to police officers of the police department of the city of New York.
Pending the hearing and determination of charges of incompetency or
misconduct, a police officer employed by the police department of the
city of New York may be suspended without pay for a period not exceeding
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02114-01-9
A. 3462 2
thirty days; PROVIDED THAT SUCH OFFICER MAY BE SUSPENDED WITHOUT PAY FOR
AN INDEFINITE PERIOD PENDING THE DETERMINATION OF A CHARGE OF INCOMPE-
TENCY OR MISCONDUCT RESULTING IN DEATH OR SERIOUS PHYSICAL INJURY AS
DEFINED IN SECTION 10.00 OF THE PENAL LAW. If such officer is found
guilty of the charges, the police commissioner of such department may
punish the police officer pursuant to the provisions of sections 14-115
and 14-123 of the administrative code of the city of New York.
S 3. If any item, clause, sentence, subparagraph, subdivision, section
or other part of this act, or the application thereof to any person or
circumstances shall be held to be invalid, such holding shall not
affect, impair or invalidate the remainder of this act, or the applica-
tion of such section or part of a section held invalid, to any other
person or circumstances, but shall be confined in its operation to the
item, clause, sentence, subparagraph, subdivision, section or other part
of this act directly involved in such holding, or to the person and
circumstances therein involved.
S 4. This act shall take effect immediately and shall apply to cases
pending or arising on or after such effective date.