NY State Senate Bill 2019-S8513A

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 08, 2020	print number 8513a
Jul 08, 2020	amend (t) and recommit to rules
Jun 06, 2020	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S8513 - Details

See Assembly Version of this Bill:: A10877
Current Committee:: Senate Rules
Law Section:: Civil Service Law
Laws Affected:: Amd §58, Civ Serv L; amd §14-109, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2021-2022: S821, A2490
2023-2024: S4446, A1648

2019-S8513 - Summary

Provides that no person shall be eligible for appointment as a police officer who was previously employed as a police officer and who: (i) was dismissed for malfeasance or other serious misconduct calling into question such person's fitness to serve as a police officer; or (ii) resigned or retired from such officer's position while under investigation for such malfeasance or other serious misconduct; defines terms; makes related provisions.

2019-S8513 - Sponsor Memo

                                
 
BILL NUMBER: S8513

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the civil service law, in relation to the hiring of
certain police officers

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the hiring of police officers who were previously dismissed
for malfeasance or serious misconduct and prohibits the hiring of police
officers who previously resigned or retired while under investigation
for malfeasance or serious misconduct

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision 7 to section 58 of the Civil Service
Law, prohibiting law enforcement agencies from hiring any person as a
police officer who was previously dismissed for, or resigned or retired
while under investigation for malfeasance or serious misconduct.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

According to a 2017 Washington Post study, nearly a quarter of the
police officers who have been dismissed since 2006 across the county
have been reinstated. Such officers have been allowed back into the line
of duty to protect and serve their communities in spite of blatant and
egregious acts that have become all too common, like the killing of
unarmed black and brown individuals, or the sexual abuse of women in the
back of patrol cars(1).

It is reprehensible that bad actors can continue to serve in such a
capacity, especially as misconduct increasingly continues to be recorded
and publicized. This trend sends a loud and clear message to the most
vulnerable members of society that they are disposable. Not to go unrec-
ognized, this trend simultaneously tarnishes the reputation of the
majority of upstanding officers who do uphold the safety and best inter-
ests of the people they vow to serve. We are facing an irreparable
schism that is literally tearing apart our cities.

Based on a 2015 Connecticut law(2), this bill prohibits the hiring of
police officers in New York State who were previously dismissed on the
grounds of malfeasance or serious misconduct by requiring former law
enforcement agencies to disclose to prospective law enforcement agencies
any knowledge of dismissal, resignation or retirement related to such
malfeasance or misconduct. Malfeasance or serious misconduct includes,
but is not limited to: a conviction of a felony, fabrication of
evidence, repeated use of excessive force, acceptance of a bribe, and
the commission of fraud.

This piece of legislation also prohibits the hiring of those who have
resigned or retired while under investigation for malfeasance or serious
misconduct.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.
(1)https://www.washingtonpost.com/graphics
2017/investigations/police-fired-rehired/
(2)https://www.cga.ct.gov/2015/ACT/PA/2015PA-
00004-ROOHB-07103SS1-PA.htm

2019-S8513 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8513
 
                             I N  S E N A T E
 
                               June 6, 2020
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil service law, in  relation  to  the  hiring  of
   certain police officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 58 of the civil service law is amended by adding  a
 new subdivision 7 to read as follows:
   7.  (A)  NO  LAW  ENFORCEMENT AGENCY SHALL HIRE ANY PERSON AS A POLICE
 OFFICER WHO WAS PREVIOUSLY EMPLOYED AS A POLICE OFFICER BY  SUCH  AGENCY
 OR  IN ANY OTHER JURISDICTION AND WHO: (I) WAS DISMISSED FOR MALFEASANCE
 OR OTHER SERIOUS MISCONDUCT CALLING INTO QUESTION SUCH PERSON'S  FITNESS
 TO  SERVE  AS  A  POLICE  OFFICER; OR (II) RESIGNED OR RETIRED FROM SUCH
 OFFICER'S POSITION WHILE UNDER INVESTIGATION  FOR  SUCH  MALFEASANCE  OR
 OTHER SERIOUS MISCONDUCT.
   (B)  ANY  LAW  ENFORCEMENT  AGENCY  THAT HAS KNOWLEDGE THAT ANY FORMER
 POLICE OFFICER OF SUCH AGENCY WHO: (I) (A) WAS DISMISSED FOR MALFEASANCE
 OR OTHER SERIOUS MISCONDUCT, OR (B) RESIGNED OR RETIRED FROM SUCH  OFFI-
 CER'S  POSITION  WHILE UNDER INVESTIGATION FOR SUCH MALFEASANCE OR OTHER
 SERIOUS MISCONDUCT; AND (II) IS AN APPLICANT FOR THE POSITION OF  POLICE
 OFFICER  WITH  ANY OTHER LAW ENFORCEMENT AGENCY, SHALL INFORM SUCH OTHER
 AGENCY OF SUCH DISMISSAL, RESIGNATION OR RETIREMENT.
   (C) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO  ANY  POLICE
 OFFICER  WHO  IS  EXONERATED  OF EACH ALLEGATION AGAINST SUCH OFFICER OF
 SUCH MALFEASANCE OR OTHER SERIOUS MISCONDUCT.
   (D) FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (I) "MALFEASANCE" MEANS THE COMMONLY APPROVED USAGE OF "MALFEASANCE";
   (II) "SERIOUS MISCONDUCT" MEANS IMPROPER OR ILLEGAL ACTIONS TAKEN BY A
 POLICE  OFFICER  IN  CONNECTION WITH SUCH OFFICER'S OFFICIAL DUTIES THAT
 COULD RESULT IN A MISCARRIAGE OF JUSTICE OR  DISCRIMINATION,  INCLUDING,
 BUT  NOT  LIMITED  TO,  (A) A CONVICTION OF A FELONY, (B) FABRICATION OF
 EVIDENCE, (C) REPEATED USE OF  EXCESSIVE  FORCE,  (D)  ACCEPTANCE  OF  A
 BRIBE, OR (E) THE COMMISSION OF FRAUD; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16584-01-0

 S. 8513                             2
 
   (III)  "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY WHICH IS EMPOWERED BY
 LAW TO CONDUCT AN INVESTIGATION OR TO MAKE AN ARREST FOR A  FELONY,  AND
 ANY AGENCY WHICH IS AUTHORIZED BY LAW TO PROSECUTE OR PARTICIPATE IN THE
 PROSECUTION OF A FELONY.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S8513A (ACTIVE) - Details

See Assembly Version of this Bill:: A10877
Current Committee:: Senate Rules
Law Section:: Civil Service Law
Laws Affected:: Amd §58, Civ Serv L; amd §14-109, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2021-2022: S821, A2490
2023-2024: S4446, A1648

2019-S8513A (ACTIVE) - Summary

2019-S8513A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8513A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the civil service law and the administrative code of the
city of New York, in relation to the hiring of certain police officers

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the hiring of police officers who were previously dismissed
for malfeasance or serious misconduct and prohibits the hiring of police
officers who previously resigned or retired while under investigation
for malfeasance or serious misconduct

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision 7 to section 58 of the Civil Service
Law, prohibiting law enforcement agencies from hiring any person as a
police officer who was previously dismissed for, or resigned or retired
while under investigation for malfeasance or serious misconduct.

Section 2 amends section 14-109 of the administrative code of the city
of New York by adding a new subdivision c to prohibit the NYPD from
hiring any person as a police officer who was previously dismissed for,
or resigned or retired while under investigation for malfeasance or
serious misconduct.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

According to a 2017 Washington Post study, nearly a quarter of the
police officers who have been dismissed since 2006 across the county
have been reinstated. Such officers have been allowed back into the line
of duty to protect and serve their communities in spite of blatant and
egregious acts that have become all too common, like the killing of
unarmed Black and brown individuals, or the sexual abuse of women in the
back of patrol cars'.

It is reprehensible that bad actors can continue to serve in such a
capacity, especially as misconduct increasingly continues to be recorded
and publicized. This trend sends a loud and clear message to the most
vulnerable members of society that they are disposable. Not to go unrec-
ognized, this trend simultaneously tarnishes the reputation of the
majority of upstanding officers who do uphold the safety and best inter-
ests of the people they vow to serve. We are facing an irreparable
schism that is literally tearing apart our cities.

Based on a 2015 Connecticut lawn, this bill prohibits the hiring of
police officers in New York State who were previously dismissed on the
grounds of malfeasance or serious misconduct by requiring former law
enforcement agencies to disclose to prospective law enforcement agencies
any knowledge of dismissal, resignation or retirement related to such
malfeasance or misconduct. Malfeasance or serious misconduct includes,
but is not limited to: a conviction of a felony, fabrication of
evidence, repeated use of excessive force, acceptance of a bribe, and
the commission of fraud.

This piece of legislation also prohibits the hiring of those who have
resigned or retired while under investigation for malfeasance or serious
misconduct.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.
1 https://www.washingtonpost.com/graphics/2017/investigations/police-
fired-rehired/
2 https://www.cga.ct.gov/2015/ACT/PA/2015PA-00004-ROOHB- 07103SS1-PA.htm

2019-S8513A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8513--A
 
                             I N  S E N A T E
 
                               June 6, 2020
                                ___________
 
 Introduced  by  Sens.  BIAGGI,  HOYLMAN, MONTGOMERY, MYRIE, SEPULVEDA --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee on Rules -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the civil service law and the administrative code of the
   city of New York, in relation to the hiring of certain police officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 58 of the civil service law is amended by adding a
 new subdivision 7 to read as follows:
   7. (A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR
 LOCAL LAW TO THE CONTRARY, NO PERSON SHALL BE ELIGIBLE  FOR  APPOINTMENT
 AS  A  POLICE  OFFICER  WHERE  SUCH  PERSON WAS PREVIOUSLY EMPLOYED AS A
 POLICE OFFICER AND WHERE SUCH PERSON: (I) WAS DISMISSED FOR  MALFEASANCE
 OR  OTHER SERIOUS MISCONDUCT CALLING INTO QUESTION SUCH PERSON'S FITNESS
 TO SERVE AS A POLICE OFFICER; OR (II)  RESIGNED  OR  RETIRED  FROM  SUCH
 OFFICER'S  POSITION  WHILE  UNDER  INVESTIGATION FOR SUCH MALFEASANCE OR
 OTHER SERIOUS MISCONDUCT.
   (B) ANY LAW ENFORCEMENT AGENCY THAT  HAS  KNOWLEDGE  THAT  ANY  FORMER
 POLICE  OFFICER OF SUCH AGENCY WHO: (I) WAS DISMISSED FOR MALFEASANCE OR
 OTHER SERIOUS MISCONDUCT; OR (II) RESIGNED OR RETIRED  FROM  SUCH  OFFI-
 CER'S  POSITION  WHILE UNDER INVESTIGATION FOR SUCH MALFEASANCE OR OTHER
 SERIOUS MISCONDUCT; AND IS AN APPLICANT FOR THE POSITION OF POLICE OFFI-
 CER WITH ANY OTHER LAW ENFORCEMENT AGENCY, SHALL INFORM SUCH OTHER AGEN-
 CY OF SUCH DISMISSAL, RESIGNATION OR RETIREMENT.
   (C) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO  ANY  POLICE
 OFFICER  WHO  IS  EXONERATED  OF EACH ALLEGATION AGAINST SUCH OFFICER OF
 SUCH MALFEASANCE OR OTHER SERIOUS MISCONDUCT.
   (D) FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (I) "MALFEASANCE" MEANS THE COMMONLY APPROVED USAGE OF "MALFEASANCE";
   (II) "SERIOUS MISCONDUCT" MEANS IMPROPER OR ILLEGAL ACTIONS TAKEN BY A
 POLICE  OFFICER  IN  CONNECTION WITH SUCH OFFICER'S OFFICIAL DUTIES THAT
 COULD RESULT IN A MISCARRIAGE OF JUSTICE OR  DISCRIMINATION,  INCLUDING,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16584-02-0

 S. 8513--A                          2
 
 BUT  NOT  LIMITED  TO,  (A) A CONVICTION OF A FELONY, (B) FABRICATION OF
 EVIDENCE, (C) REPEATED USE OF  EXCESSIVE  FORCE,  (D)  ACCEPTANCE  OF  A
 BRIBE, OR (E) THE COMMISSION OF FRAUD; AND
   (III)  "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY WHICH IS EMPOWERED BY
 LAW TO CONDUCT AN INVESTIGATION OR TO MAKE AN ARREST FOR A  FELONY,  AND
 ANY AGENCY WHICH IS AUTHORIZED BY LAW TO PROSECUTE OR PARTICIPATE IN THE
 PROSECUTION OF A FELONY.
   § 2. Section 14-109 of the administrative code of the city of New York
 is amended by adding a new subdivision c to read as follows:
   C. (I) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SECTION OF GENERAL,
 SPECIAL  OR  LOCAL  LAW TO THE CONTRARY, NO PERSON SHALL BE ELIGIBLE FOR
 APPOINTMENT AS  A  POLICE  OFFICER  WHERE  SUCH  PERSON  WAS  PREVIOUSLY
 EMPLOYED  AS  A  POLICE OFFICER AND WHERE SUCH PERSON: (A) WAS DISMISSED
 FOR MALFEASANCE OR OTHER SERIOUS MISCONDUCT CALLING INTO  QUESTION  SUCH
 PERSON'S   FITNESS TO  SERVE  AS  A  POLICE  OFFICER; OR (B) RESIGNED OR
 RETIRED FROM SUCH OFFICER'S POSITION  WHILE  UNDER  INVESTIGATION    FOR
 SUCH MALFEASANCE  OR OTHER SERIOUS MISCONDUCT.
   (II)    ANY   LAW   ENFORCEMENT   AGENCY   THAT HAS KNOWLEDGE THAT ANY
 FORMER POLICE OFFICER OF SUCH AGENCY WHO: (A)  WAS DISMISSED FOR MALFEA-
 SANCE OR OTHER SERIOUS MISCONDUCT; OR (B) RESIGNED OR RETIRED FROM  SUCH
 OFFICER'S   POSITION   WHILE UNDER INVESTIGATION FOR SUCH MALFEASANCE OR
 OTHER SERIOUS MISCONDUCT; AND WHO IS AN APPLICANT FOR  THE  POSITION  OF
 POLICE  OFFICER    WITH   ANY OTHER LAW ENFORCEMENT AGENCY, SHALL INFORM
 SUCH OTHER AGENCY OF SUCH DISMISSAL, RESIGNATION OR RETIREMENT.
   (III) THE PROVISIONS OF THIS SUBDIVISION  SHALL  NOT  APPLY  TO    ANY
 POLICE  OFFICER   WHO   IS   EXONERATED  OF EACH ALLEGATION AGAINST SUCH
 OFFICER OF SUCH MALFEASANCE OR OTHER SERIOUS MISCONDUCT.
   (IV) FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS  SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "MALFEASANCE" MEANS THE COMMONLY APPROVED USAGE OF "MALFEASANCE";
   (B) "SERIOUS MISCONDUCT" MEANS IMPROPER OR ILLEGAL ACTIONS TAKEN BY  A
 POLICE  OFFICER  IN  CONNECTION WITH SUCH OFFICER'S OFFICIAL DUTIES THAT
 COULD RESULT IN A MISCARRIAGE OF JUSTICE OR  DISCRIMINATION,  INCLUDING,
 BUT   NOT   LIMITED TO, (1) A CONVICTION OF A FELONY, (2) FABRICATION OF
 EVIDENCE, (3) REPEATED USE OF  EXCESSIVE  FORCE,  (4)  ACCEPTANCE  OF  A
 BRIBE, OR (5) THE COMMISSION OF FRAUD; AND
   (C)  "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY WHICH IS  EMPOWERED  BY
 LAW TO CONDUCT AN INVESTIGATION OR TO MAKE AN ARREST FOR A  FELONY,  AND
 ANY AGENCY WHICH IS AUTHORIZED BY LAW TO PROSECUTE OR PARTICIPATE IN THE
 PROSECUTION OF A FELONY.
   § 3. This act shall take effect immediately.

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Senate Bill S8513A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2019-S8513 - Details

2019-S8513 - Summary

2019-S8513 - Sponsor Memo

2019-S8513 - Bill Text download pdf

co-Sponsors

2019-S8513A (ACTIVE) - Details

2019-S8513A (ACTIVE) - Summary

2019-S8513A (ACTIVE) - Sponsor Memo

2019-S8513A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8513A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2019-S8513 - Details

2019-S8513 - Summary

2019-S8513 - Sponsor Memo

2019-S8513 - Bill Text download pdf

co-Sponsors

2019-S8513A (ACTIVE) - Details

2019-S8513A (ACTIVE) - Summary

2019-S8513A (ACTIVE) - Sponsor Memo

2019-S8513A (ACTIVE) - Bill Text download pdf

Comments