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Assembly Bill A1010

2017-2018 Legislative Session

Sets internal investigative standards and practices for police officers with respect to matters of police conduct

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Archive: Last Bill Status - In Assembly Committee

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2017-A1010 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Add §204-b, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2346
2011-2012: A826
2013-2014: A97
2015-2016: A1504
2019-2020: A2597

2017-A1010 (ACTIVE) - Summary

Sets internal investigative standards and practices for police officers with respect to matters of police conduct; supersedes contrary provisions of law or collective bargaining agreements.

2017-A1010 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1010
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Governmental Employees
 
 AN ACT to amend the civil service law, in relation to internal  investi-
   gative standards and practices for police officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The civil service law is amended by adding  a  new  section
 204-b to read as follows:
   §  204-B.  INTERNAL  INVESTIGATIVE  STANDARDS AND PRACTICES FOR POLICE
 OFFICERS. 1. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT THE  CONDUCT
 AND  COMPETENCE  OF  POLICE  OFFICERS ARE MATTERS OF VITAL IMPORTANCE TO
 PUBLIC SAFETY AND WELFARE AND  TO  THE  MAINTENANCE  OF  CIVIL  SOCIETY.
 THESE MATTERS ARE EFFECTED WITH THE HIGHEST PUBLIC INTEREST.
   2.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF LAW, THE FOLLOWING
 PROCEDURES SHALL APPLY TO INVESTIGATIONS OF  THE  CONDUCT  OF  A  POLICE
 OFFICER  BY ANY POLICE AGENCY, NOTWITHSTANDING ANY CONTRARY PROVISION OF
 ANY COLLECTIVE BARGAINING AGREEMENT. ANY COLLECTIVE BARGAINING AGREEMENT
 OR PORTION THEREOF INCONSISTENT WITH THE PROVISIONS OF THIS  SECTION  IS
 HEREBY DECLARED TO BE VOID AS AGAINST PUBLIC POLICY.
   3.  ANY  INVESTIGATION  INTO  THE CONDUCT OF A POLICE OFFICER SHALL BE
 CONDUCTED AS FOLLOWS:
   (A) QUESTIONING AND INVESTIGATION OF  OFFICERS  SHALL  COMMENCE  IMME-
 DIATELY UPON THE OCCURRENCE OF CAUSE THEREFOR;
   (B)  WHENEVER  MORE  THAN  ONE  OFFICER IS TO BE INVESTIGATED OR QUES-
 TIONED, ALL OF THE INVOLVED OFFICERS SHALL BE QUESTIONED SEPARATELY;
   (C) NO PRELIMINARY OR UNOFFICIAL STATEMENTS SHALL BE TAKEN;
   (D) ALL STATEMENTS SHALL BE RECORDED  VERBATIM; AND
   (E) QUESTIONING  AND  INVESTIGATION  OF  NON-OFFICER  WITNESSES  SHALL
 COMMENCE IMMEDIATELY UPON THE OCCURRENCE OF CAUSE THEREFOR.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02044-01-7

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