senate Bill S8580

2019-2020 Legislative Session

Requires police officers to report the misconduct of a police officer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2020 referred to rules

Co-Sponsors

S8580 (ACTIVE) - Details

See Assembly Version of this Bill:
A10597
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §837, add §837-v, Exec L

S8580 (ACTIVE) - Summary

Requires police officers to report the misconduct of a police officer; requires 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.

S8580 (ACTIVE) - Sponsor Memo

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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