S T A T E O F N E W Y O R K
________________________________________________________________________
4586--B
2021-2022 Regular Sessions
I N A S S E M B L Y
February 4, 2021
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Governmental Operations -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
recommitted to the Committee on Governmental Operations in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law and the administrative code of the
city of New York, in relation to requiring annual reports of legal
settlement payments related to law enforcement activity
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 837-x
to read as follows:
§ 837-X. SETTLEMENT REPORTING. 1. THE COMPTROLLER SHALL MAKE AN ANNUAL
REPORT WHICH DETAILS ALL PAYMENTS MADE FOR LEGAL SETTLEMENTS RELATING TO
LAW ENFORCEMENT ACTIVITY. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED
TO, MONETARY AMOUNTS, PLAINTIFFS AND NAMED PARTIES, AND SHALL BE
PUBLISHED ON THE WEBSITE OF THE COMPTROLLER, PROVIDED, HOWEVER, THAT
EVERY PLAINTIFF WHOSE NAME WOULD BE INCLUDED IN THE REPORT SHALL HAVE
THE OPTION TO HAVE A PSEUDONYM USED IN PLACE OF SUCH PLAINTIFF'S NAME.
ANY NAMED PARTY IN A LEGAL SETTLEMENT RELATING TO LAW ENFORCEMENT ACTIV-
ITY WHO IS OR WAS A DEFENDANT IN SUCH ACTION SHALL BE NAMED IN THE
REPORT AND SHALL NOT HAVE THE OPTION TO USE A PSEUDONYM IN PLACE OF SUCH
DEFENDANT'S NAME. AS USED IN THIS SECTION, "LAW ENFORCEMENT" MEANS
EVERY LOCAL POLICE DEPARTMENT, LOCAL CORRECTIONAL FACILITY, EACH COUNTY
SHERIFF, THE DIVISION OF THE STATE POLICE, THE DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION, AND EVERY AGENCY THAT EMPLOYS A PEACE OFFICER
IN THIS STATE.
2. THE PERSON IN CHARGE OF EVERY LOCAL POLICE DEPARTMENT, LOCAL
CORRECTIONAL FACILITY, EACH COUNTY SHERIFF, THE SUPERINTENDENT OF THE
DIVISION OF THE STATE POLICE, THE COMMISSIONER OF THE DEPARTMENT OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03279-06-2
A. 4586--B 2
CORRECTIONS AND COMMUNITY SUPERVISION, AND THE PERSON IN CHARGE OF EVERY
AGENCY THAT EMPLOYS A PEACE OFFICER IN THIS STATE SHALL PROMPTLY REPORT
TO THE COMPTROLLER ALL PAYMENTS MADE FOR LEGAL SETTLEMENTS RELATING TO
LAW ENFORCEMENT ACTIVITY, INCLUDING BUT NOT LIMITED TO, ALL INFORMATION
REQUIRED TO BE REPORTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AND
DETAILS AND DESCRIPTIONS OF ANY ALLEGATIONS OR MISCONDUCT INVOLVED IN
EACH CASE, AND SHALL PROVIDE EACH PLAINTIFF THE OPPORTUNITY TO ELECT TO
USE A PSEUDONYM. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
FAILURE TO REPORT ALL INFORMATION REQUIRED PURSUANT TO THE PROVISIONS OF
THIS SUBDIVISION BY A LAW ENFORCEMENT AGENCY SHALL RESULT IN A LOSS OF
BOTH ELIGIBILITY FOR STATE FUNDING AND ACCREDITATION BY THE DIVISION FOR
SUCH AGENCY. SUCH ELIGIBILITY FOR FUNDING AND ACCREDITATION BY THE DIVI-
SION SHALL BE RESTORED ONCE SUCH LAW ENFORCEMENT AGENCY IS IN COMPLIANCE
WITH THE PROVISIONS OF THIS SUBDIVISION.
3. THE COMPTROLLER, IN CONSULTATION WITH THE DIVISION OF CRIMINAL
JUSTICE SERVICES, SHALL PROMULGATE REGULATIONS TO EFFECTUATE THE REPORT-
ING OF DATA FROM LAW ENFORCEMENT DEPARTMENTS SUFFICIENT TO MAKE THE
REPORTS REQUIRED BY SUBDIVISION ONE OF THIS SECTION.
4. THE COMPTROLLER TOGETHER WITH THE DIVISION OF CRIMINAL JUSTICE
SERVICES, SHALL IDENTIFY LAW ENFORCEMENT DEPARTMENTS THAT FAIL TO REPORT
THE REQUIRED INFORMATION. THE DIVISION OF CRIMINAL JUSTICE SERVICES
SHALL, AS PART OF ANY PROCESS TO ACCREDIT POLICE AGENCIES, REQUIRE ALL
SUCH AGENCIES TO REPORT ANY SETTLEMENTS AS DESCRIBED UNDER THIS SECTION.
§ 2. The administrative code of the city of New York is amended by
adding a new section 14-192 to read as follows:
§ 14-192 SETTLEMENT REPORTING. THE COMPTROLLER SHALL MAKE AN ANNUAL
REPORT WHICH DETAILS ALL PAYMENTS MADE FOR LEGAL SETTLEMENTS RELATING TO
LAW ENFORCEMENT ACTIVITY. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED
TO, MONETARY AMOUNTS, PLAINTIFFS AND NAMED PARTIES, AND DETAILS AND
DESCRIPTIONS OF ANY ALLEGATIONS OR MISCONDUCT INVOLVED IN EACH CASE, AND
SHALL BE PUBLISHED ON THE WEBSITE OF THE COMPTROLLER, PROVIDED, HOWEVER,
THAT THE COMPTROLLER SHALL PROVIDE EVERY PLAINTIFF WHOSE NAME WOULD BE
INCLUDED IN THE REPORT THE OPTION TO HAVE A PSEUDONYM USED IN PLACE OF
SUCH PLAINTIFF'S NAME. ANY NAMED PARTY IN A LEGAL SETTLEMENT RELATING
TO LAW ENFORCEMENT ACTIVITY WHO IS OR WAS A DEFENDANT IN SUCH ACTION
SHALL BE NAMED IN THE REPORT AND SHALL NOT HAVE THE OPTION TO USE A
PSEUDONYM IN PLACE OF SUCH DEFENDANT'S NAME. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, FAILURE TO REPORT ALL INFORMATION
REQUIRED PURSUANT TO THE PROVISIONS OF THIS SECTION BY A LAW ENFORCEMENT
AGENCY TO THE COMPTROLLER SHALL RESULT IN A LOSS OF BOTH ELIGIBILITY FOR
CITY FUNDING AND ACCREDITATION FOR SUCH AGENCY. SUCH ELIGIBILITY FOR
FUNDING AND ACCREDITATION SHALL BE RESTORED ONCE SUCH LAW ENFORCEMENT
AGENCY IS IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
§ 3. This act shall take effect immediately.