senate Bill S8583

2019-2020 Legislative Session

Relates to the termination of law enforcement officer benefits for malfeasance or serious misconduct

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

S8583 (ACTIVE) - Details

See Assembly Version of this Bill:
A10735
Current Committee:
Senate Rules
Law Section:
Civil Service Law
Laws Affected:
Add §108, Civ Serv L

S8583 (ACTIVE) - Summary

Provides that any officer terminated who was dismissed for malfeasance or serious misconduct or resigned or retired during an investigation relating to such malfeasance or serious misconduct shall not be entitled to receive any retirement or other benefit or payment of any kind.

S8583 (ACTIVE) - Sponsor Memo

S8583 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8583

                            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 civil service law, in relation to the termination of
  law enforcement officer benefits for malfeasance or serious misconduct

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil service law is amended by adding  a  new  section
108 to read as follows:
  § 108. TERMINATION OF BENEFITS; LAW ENFORCEMENT OFFICERS. 1.  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, ANY LAW ENFORCEMENT OFFICER THAT IS
TERMINATED  AND WHO (A) WAS DISMISSED FOR MALFEASANCE OR ANY OTHER SERI-
OUS MISCONDUCT, OR (B) RESIGNED OR  RETIRED  FROM  SUCH  POSITION  WHILE
UNDER  INVESTIGATION  FOR  SUCH MALFEASANCE OR OTHER SERIOUS MISCONDUCT,
SHALL NOT BE ENTITLED TO RECEIVE ANY  RETIREMENT  OR  OTHER  BENEFIT  OR
PAYMENT OF ANY KIND.
  2.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY LAW ENFORCE-
MENT OFFICER WHO IS EXONERATED OF EACH ALLEGATION AGAINST  SUCH  OFFICER
OF SUCH MALFEASANCE OR OTHER SERIOUS MISCONDUCT.
  3.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "LAW ENFORCEMENT OFFICER" MEANS A POLICE  OFFICER  AS  DEFINED  IN
SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW;
  (B)  "MALFEASANCE" MEANS THE COMMONLY APPROVED USAGE OF "MALFEASANCE";
AND
  (C) "SERIOUS MISCONDUCT" MEANS IMPROPER OR ILLEGAL ACTIONS TAKEN BY  A
LAW  ENFORCEMENT  OFFICER  IN  CONNECTION  WITH  SUCH OFFICER'S OFFICIAL
DUTIES THAT COULD RESULT IN A MISCARRIAGE OF JUSTICE OR  DISCRIMINATION,
INCLUDING, BUT NOT LIMITED TO, (I) A CONVICTION OF A FELONY, (II) FABRI-
CATION  OF EVIDENCE, (III) REPEATED USE OF EXCESSIVE FORCE, (IV) ACCEPT-
ANCE OF A BRIBE, OR (V) THE COMMISSION OF FRAUD.
  § 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16717-01-0

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