S T A T E O F N E W Y O R K
________________________________________________________________________
8676
I N S E N A T E
July 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 general municipal law, in relation to requiring
police officers to maintain liability insurance; and to amend the
public officers law, in relation to excluding police officers from
provisions requiring defense and indemnification of state officers and
employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 52-a to read as follows:
§ 52-A. LIABILITY INSURANCE FOR POLICE OFFICERS. EACH POLICE OFFICER
EMPLOYED BY A CITY, COUNTY, TOWN, VILLAGE, AUTHORITY OR AGENCY SHALL
OBTAIN A POLICY OF LIABILITY INSURANCE. EACH APPOINTED POLICE OFFICER
MUST PROVIDE PROOF OF LIABILITY INSURANCE COVERAGE REQUIRED BY THIS
SECTION AND MUST MAINTAIN CONTINUOUS COVERAGE THROUGHOUT THE COURSE OF
EMPLOYMENT AS A POLICE OFFICER. SUCH INSURANCE SHALL COVER CLAIMS
AGAINST SUCH OFFICER FOR ACTS OR OMISSIONS DURING ANY PERIOD OF TIME
THAT SUCH OFFICER IS PERFORMING DUTIES WITHIN THE SCOPE OF EMPLOYMENT OF
SUCH CITY, COUNTY, TOWN, VILLAGE, AUTHORITY OR AGENCY. THE CITY, COUNTY,
TOWN, VILLAGE, AUTHORITY OR AGENCY SHALL COVER THE BASE RATE OF THE
POLICY REQUIRED BY THIS SECTION.
§ 2. Subdivision 1 of section 17 of the public officers law is amended
by adding a new paragraph (a-1) to read as follows:
(A-1) FOR THE PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL NOT
INCLUDE ANY POLICE OFFICER OR PEACE OFFICER AS SUCH TERMS ARE DEFINED IN
SECTIONS 1.20 AND 2.10 OF THE CRIMINAL PROCEDURE LAW AND SECTION 14-102
OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16802-05-0