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Senate Bill S8581A

2019-2020 Legislative Session

Relates to establishing a duty to report an unauthorized use of force by a police officer

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

co-Sponsors

2019-S8581 - Details

See Assembly Version of this Bill:
A10855
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: S5967
2023-2024: S7279
2025-2026: S6075

2019-S8581 - Summary

Relates to establishing a duty to report an unauthorized use of force by a police officer; provides that failure to report is a class B misdemeanor.

2019-S8581 - Sponsor Memo

2019-S8581 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8581
 
                             I N  S E N A T E
 
                               June 16, 2020
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 establishing a duty to
   report an unauthorized use of force by a police officer
 
   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 837-v
 to read as follows:
   § 837-V. DUTY TO REPORT UNAUTHORIZED USE OF FORCE. 1. FOR THE PURPOSES
 OF THIS SECTION:
   (A) "POLICE OFFICER" MEANS A PERSON DESIGNATED AS SUCH IN  SUBDIVISION
 THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; AND
   (B)  "USE  OF  FORCE"  MEANS  ANY ACTION DEFINED IN SUBDIVISION ONE OF
 SECTION EIGHT HUNDRED THIRTY-SEVEN-T OF THIS ARTICLE.
   2. EVERY POLICE OFFICER SHALL BE REQUIRED TO INTERVENE AND REPORT WHEN
 HE OR SHE WITNESSES THE UNAUTHORIZED USE  OF  FORCE  BY  ANOTHER  POLICE
 OFFICER. WHENEVER SUCH OFFICER IS REQUIRED TO REPORT UNDER THIS SECTION,
 HE OR SHE SHALL IMMEDIATELY NOTIFY HIS OR HER POLICE AGENCY. SUCH AGENCY
 SHALL THEN INVESTIGATE SUCH REPORT.
   3.  ANY  POLICE OFFICER WHO FAILS TO INTERVENE AND REPORT IN VIOLATION
 OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEANOR.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16694-01-0

co-Sponsors

2019-S8581A (ACTIVE) - Details

See Assembly Version of this Bill:
A10855
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: S5967
2023-2024: S7279
2025-2026: S6075

2019-S8581A (ACTIVE) - Summary

Relates to establishing a duty to report an unauthorized use of force by a police officer; provides that failure to report is a class B misdemeanor.

2019-S8581A (ACTIVE) - Sponsor Memo

2019-S8581A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8581--A
 
                             I N  S E N A T E
 
                               June 16, 2020
                                ___________
 
 Introduced  by  Sens. PARKER, HOYLMAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the executive law, in relation to establishing a duty to
   report an unauthorized use of force by a police officer

   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 837-w
 to read as follows:
   § 837-W. DUTY TO REPORT UNAUTHORIZED USE OF FORCE. 1. FOR THE PURPOSES
 OF THIS SECTION:
   (A) "POLICE OFFICER" MEANS A PERSON DESIGNATED AS SUCH IN  SUBDIVISION
 THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; AND
   (B)  "USE  OF  FORCE"  MEANS  ANY ACTION DEFINED IN SUBDIVISION ONE OF
 SECTION EIGHT HUNDRED THIRTY-SEVEN-T OF THIS ARTICLE.
   2. EVERY POLICE OFFICER SHALL BE REQUIRED TO INTERVENE AND REPORT WHEN
 HE OR SHE WITNESSES THE UNAUTHORIZED USE  OF  FORCE  BY  ANOTHER  POLICE
 OFFICER. WHENEVER SUCH OFFICER IS REQUIRED TO REPORT UNDER THIS SECTION,
 HE OR SHE SHALL IMMEDIATELY NOTIFY HIS OR HER POLICE AGENCY. SUCH AGENCY
 SHALL THEN INVESTIGATE SUCH REPORT.
   3.  ANY  POLICE OFFICER WHO FAILS TO INTERVENE AND REPORT IN VIOLATION
 OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEANOR.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16694-02-0

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