|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 16, 2020||referred to rules|
senate Bill S8580
Current Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8580 (ACTIVE) - Details
S8580 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8580 SPONSOR: SEPULVEDA TITLE OF BILL: 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 miscon- duct by a police officer PURPOSE OR GENERAL IDEA OF BILL: Requiring police officers to report incidents of wrongdoing by a police officer and requiring DCJ to institute practices to be followed by police agencies when managing and logging such mandated reports of misconduct by a police officer. SUMMARY OF PROVISIONS: Section 1 amends section 837 of the executive law by adding a new subdi-
S8580 (ACTIVE) - Bill Text download pdf
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.
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