Senate Bill S8510

2019-2020 Legislative Session

Relates to police officer and peace officer hiring and transfers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2019-S8510 (ACTIVE) - Details

See Assembly Version of this Bill:
A10580
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §845-e, Exec L; amd §50-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:
2021-2022: S3886, A2479
2023-2024: S2326, A2630

2019-S8510 (ACTIVE) - Summary

Relates to police officer and peace officer hiring and transfers and requires police agencies review any possible internal files of police misconduct and complaints as well as pending criminal charges before hiring or allowing for a transfer.

2019-S8510 (ACTIVE) - Sponsor Memo

2019-S8510 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8510
 
                             I N  S E N A T E
 
                               June 6, 2020
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law and the civil rights law, in  relation
   to police officer and peace officer hiring and transfers
 
   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  845-e
 to read as follows:
   §  845-E.  POLICE  OFFICER AND PEACE OFFICER HIRING AND TRANSFERS.  1.
 POLICE AGENCIES SHALL THOROUGHLY EXAMINE ANY POSSIBLE INTERNAL FILES  OF
 POLICE  MISCONDUCT  AND COMPLAINTS BEFORE RECRUITING A POLICE OFFICER OR
 PEACE OFFICER ON A LATERAL TRANSFER FROM ANOTHER POLICE AGENCY,  FROM  A
 POLICE  DEPARTMENT  FROM  ANY  STATE  OR AMERICAN TERRITORY, OR AS A NEW
 RECRUIT.
   2. NO POLICE AGENCY SHALL RECRUIT, HIRE, ALLOW TO ENROLL, OR ALLOW  TO
 TRANSFER  ANY  POLICE  OFFICER  OR  PEACE OFFICER WHERE SUCH OFFICER WAS
 FIRED, RELIEVED OF HIS OR HER DUTY, OR RESIGNED AS A RESULT OF:
   (A) POLICE MISCONDUCT;
   (B) OFF-DUTY MISCONDUCT;
   (C) AN INVESTIGATION FOR ANY KIND OF POLICE  MISCONDUCT  AND  OFF-DUTY
 MISCONDUCT; OR
   (D) A MISDEMEANOR OR FELONY CHARGE.
   § 2. Subdivision 1 of section 50-a of the civil rights law, as amended
 by chapter 516 of the laws of 2014, is amended to read as follows:
   1. All personnel records used to evaluate performance toward continued
 employment  or  promotion,  under  the  control  of any police agency or
 department of the state or any political subdivision  thereof  including
 authorities or agencies maintaining police forces of individuals defined
 as  police  officers  in  section 1.20 of the criminal procedure law and
 such personnel records under the control of a sheriff's department or  a
 department  of correction of individuals employed as correction officers
 and such personnel records under the control of a paid  fire  department
 or    force    of    individuals    employed    as    firefighters    or
 firefighter/paramedics and such personnel records under the  control  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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