Assembly Bill A9833

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9833

                          I N  A S S E M B L Y

                              May 27, 2014
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Local Governments

AN  ACT  to  amend  the general municipal law, in relation to complaints
  against police officers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  general  municipal  law  is  amended by adding a new
section 209-ff to read as follows:
  S  209-FF.  COMPLAINTS  AGAINST  POLICE  OFFICERS;   LIMITATIONS.   1.
NOTWITHSTANDING  ANY  GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, ANY
COMPLAINT AGAINST A POLICE OFFICER THAT MAY LEAD TO DISCIPLINARY  ACTION
THAT IS MADE BY A PERSON THAT IS NOT A POLICE OFFICER SHALL BE SWORN TO,
BEFORE AN OFFICIAL AUTHORIZED TO ADMINISTER OATHS, BY:
  A. THE ALLEGED AGGRIEVED INDIVIDUAL;
  B. ANY WITNESS; OR
  C.  THE  PARENT OR GUARDIAN OF A MINOR CHILD, IF THE ALLEGED AGGRIEVED
INDIVIDUAL IS A MINOR CHILD.
  UNSWORN COMPLAINTS SHALL NOT BE INVESTIGATED, AND SHALL  NOT  LEAD  TO
ANY DISCIPLINARY ACTION AGAINST A POLICE OFFICER.
  2.  ANY  COMPLAINT AGAINST A POLICE OFFICER THAT MAY LEAD TO DISCIPLI-
NARY ACTION SHALL BE INITIATED WITHIN NINETY DAYS OF THE  ALLEGED  INCI-
DENT  BY  THE  FILING  OF A SWORN COMPLAINT BY THE INDIVIDUAL ALLEGED TO
HAVE BEEN AGGRIEVED, OR BY A PARENT OR GUARDIAN,  WHERE  THE  INDIVIDUAL
ALLEGED  TO  HAVE BEEN AGGRIEVED IS A MINOR CHILD. ANY COMPLAINT THAT IS
INITIATED AFTER NINETY DAYS SHALL NOT BE INVESTIGATED AND SHALL NOT LEAD
TO DISCIPLINARY ACTION AGAINST A POLICE OFFICER.
  3. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  A.  "DISCIPLINARY  ACTION"  SHALL  MEAN  ONE  OR MORE OF THE FOLLOWING
ACTIONS: DISMISSAL; DEMOTION; SUSPENSION; SUSPENSION WITHOUT PAY;  WRIT-
TEN REPRIMAND; OR PLACEMENT IN A MONITORING PROGRAM. DISCIPLINARY ACTION
SHALL  ALSO  MEAN ONE OR MORE OF THE FOLLOWING ACTIONS WHERE SUCH ACTION
IS TAKEN FOR PURPOSES OF PUNISHING A POLICE OFFICER FOR INCOMPETENCY  OR
MISCONDUCT:  DENIAL  OF  PROMOTION; DENIAL OF DISCRETIONARY ASSIGNMENTS;

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

                                                           LBD14658-01-4

A. 9833                             2

REASSIGNMENT; TRANSFER; CHANGE OF TOUR OR HOURS OF WORK; DENIAL OF OVER-
TIME OPPORTUNITIES; OR RESTRICTIONS ON OFF-DUTY EMPLOYMENT;
  B. "POLICE OFFICER" SHALL HAVE THE MEANING PROVIDED BY SECTION 1.20 OF
THE CRIMINAL PROCEDURE LAW; AND
  C.  "MONITORING  PROGRAM"  SHALL MEAN ANY PROGRAM, SYSTEM OR STATUS IN
WHICH A POLICE OFFICER IS PLACED SO THAT A POLICE DEPARTMENT CAN  SUPER-
VISE  AND  MONITOR  THE  POLICE OFFICER'S PERFORMANCE FOR THE PURPOSE OF
CORRECTING  NEGATIVE  BEHAVIOR  OR  IMPROVING  PERFORMANCE.   MONITORING
PROGRAM SHALL NOT INCLUDE A STANDARD EVALUATION SYSTEM PURSUANT TO WHICH
A POLICE OFFICERS' PERFORMANCE IS REGULARLY REVIEWED BY A POLICE DEPART-
MENT ON A PERIODIC BASIS.
  S 2. This act shall take effect immediately.