Senate Bill S8580

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8580
 
                             I N  S E N A T E
 
                               June 16, 2020
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to requiring police offi-
   cers  to  report  the misconduct of a police officer and requiring the
   division of criminal justice to establish a protocol to be followed by
   police agencies when  handling  and  recording  mandatory  reports  of
   misconduct by a police officer
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 837 of the executive law is amended by adding a new
 subdivision 23 to read as follows:
   23. PROMULGATE A STANDARDIZED AND  DETAILED  WRITTEN  PROTOCOL  TO  BE
 FOLLOWED  BY POLICE AGENCIES FOR THE HANDLING AND RECORDING OF MANDATORY
 REPORTS OF MISCONDUCT BY  A  POLICE  OFFICER  AS  REQUIRED  PURSUANT  TO
 SECTION EIGHT HUNDRED THIRTY-SEVEN-V OF THIS ARTICLE. THE PROTOCOL SHALL
 INCLUDE PROVISIONS PROTECTING POLICE OFFICERS WHO ARE MANDATED TO REPORT
 MISCONDUCT  FROM  RETALIATION AGAINST SUCH OFFICER AS A RESULT OF FILING
 SUCH REPORT. THE DIVISION SHALL ALSO PROMULGATE A STANDARDIZED  "OFFICER
 MISCONDUCT  INCIDENT  REPORT  FORM"  FOR  USE  BY POLICE AGENCIES IN THE
 REPORTING, RECORDING AND INVESTIGATION OF ALL ALLEGED INCIDENTS OF OFFI-
 CER MISCONDUCT, REGARDLESS OF WHETHER AN ARREST IS MADE AS A  RESULT  OF
 SUCH  INVESTIGATION.  SUCH FORM SHALL BE PREPARED IN MULTIPLE PARTS, ONE
 OF WHICH SHALL BE IMMEDIATELY  FORWARDED  TO  THE  DIVISION,  AND  SHALL
 INCLUDE  DESIGNATED  SPACES  FOR:  THE RECORDATION OF THE RESULTS OF THE
 INVESTIGATION BY THE POLICE AGENCY AND THE BASIS FOR ANY  ACTION  TAKEN;
 THE  RECORDATION  OF  THE REPORTING OFFICER'S ALLEGATIONS OF MISCONDUCT;
 AND IMMEDIATELY THEREUNDER A SPACE ON WHICH THE REPORTING OFFICER  SHALL
 SIGN  AND  VERIFY  HIS  OR  HER ALLEGATIONS. SUCH PROTOCOL SHALL INCLUDE
 PROVISIONS REGARDING THE FAILURE TO REPORT  MISCONDUCT  WHICH,  NOTWITH-
 STANDING  ANY  PROVISION  OF  A  LABOR  CONTRACT  TO THE CONTRARY, SHALL
 AUTHORIZE THE POLICE AGENCY TO TERMINATE FROM  EMPLOYMENT  AND/OR  BRING
 CRIMINAL  CHARGES  AGAINST  THE OFFICER WHO FAILED TO REPORT THE MISCON-
 DUCT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16585-01-0

 S. 8580                             2
 
   § 2. The executive law is amended by adding a  new  section  837-v  to
 read as follows:
   § 837-V. MANDATORY REPORTING OF MISCONDUCT. EVERY POLICE OFFICER SHALL
 BE REQUIRED TO REPORT IN ACCORDANCE WITH THIS SECTION WHEN HE OR SHE HAS
 REASONABLE  CAUSE TO SUSPECT THAT A POLICE OFFICER, ACTING IN HIS OR HER
 PROFESSIONAL OR OFFICIAL CAPACITY, HAS USED EXCESSIVE FORCE OR OTHERWISE
 ACTED WITH MISCONDUCT. WHENEVER SUCH OFFICER IS REQUIRED TO REPORT UNDER
 THIS SECTION, HE OR SHE SHALL IMMEDIATELY NOTIFY HIS OR HER POLICE AGEN-
 CY, WHICH THEN SHALL BE RESPONSIBLE TO FORWARD SUCH REPORT TO THE  DIVI-
 SION  AND TO FOLLOW THE PROTOCOL ESTABLISHED BY THE DIVISION PURSUANT TO
 SUBDIVISION TWENTY-THREE OF SECTION EIGHT HUNDRED THIRTY-SEVEN  OF  THIS
 ARTICLE.
   § 3. This act shall take effect immediately.