|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 16, 2020||referred to rules|
senate Bill S8583
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8583 (ACTIVE) - Details
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
BILL NUMBER: S8583 SPONSOR: SEPULVEDA TITLE OF BILL: An act to amend the civil service law, in relation to the termination of law enforcement officer benefits for malfeasance or serious misconduct PURPOSE: To prohibit law enforcement officers from receiving their pension if terminated for misconduct. It would also prevent any officer who resigns while being investigating for misconduct from receiving their pension. SUMMARY OF PROVISIONS: Section 1 adds a new section to the civil service law to prohibit law enforcement officers that are fired for misconduct from receiving his or her pension. This would also apply to any law enforcement officer that resigns while they are being investigating for misconduct.
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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