Assembly Bill A763

2017-2018 Legislative Session

Provides for the indefinite suspension of New York city police officers without pay pending the disposition of charges of incompetence or misconduct in certain cases

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2017-A763 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd §1, Chap 753 of 1990; amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3462
2011-2012: A3054
2013-2014: A4386
2015-2016: A5025
2019-2020: A474
2021-2022: A1646
2023-2024: A6033

2017-A763 (ACTIVE) - Summary

Provides for the indefinite suspension of New York city police officers without pay pending the disposition of charges of incompetence or misconduct resulting in death or serious physical injury as defined in section 10.00 of the penal law.

2017-A763 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    763
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by M. of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY --
   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
   determination 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.
   §  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
 thirty days; PROVIDED THAT SUCH OFFICER MAY BE SUSPENDED WITHOUT PAY FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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