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Senate Bill S1990A

2021-2022 Legislative Session

Grants immunity to law enforcement employees who intervene against police misconduct

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Archive: Last Bill Status - In Senate Committee Codes Committee

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Bill Amendments

co-Sponsors

2021-S1990 - Details

Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8576
2023-2024: S1987
2025-2026: S6771

2021-S1990 - Summary

Grants immunity from professional retaliation against a law enforcement employee who intervenes against police misconduct committed by another member of law enforcement.

2021-S1990 - Sponsor Memo

2021-S1990 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1990
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sens. JACKSON, HOYLMAN, RAMOS, RIVERA, SEPULVEDA -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Codes
 
 AN ACT to amend the executive law, in relation to law enforcement inter-
   vention against police misconduct

   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-w
 to read as follows:
   §  837-W.  LAW ENFORCEMENT INTERVENTION AGAINST POLICE MISCONDUCT.  1.
 DEFINITIONS. WHEN USED IN THIS SECTION, AND UNLESS THE SPECIFIC  CONTEXT
 INDICATES  OTHERWISE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   (A) "POLICE MISCONDUCT" MEANS CONDUCT BY A LAW ENFORCEMENT OFFICER  IN
 THE  COURSE  OF  AN ARREST OR OTHERWISE IN THE OFFICIAL CAPACITY OF SUCH
 LAW ENFORCEMENT OFFICER THAT IS:
   (I) EXCESSIVE, FORCEFUL, OR VIOLENT AND THAT IS  NOT  JUSTIFIED  UNDER
 SECTION 35.30 OF THE PENAL LAW;
   (II) A FALSE ARREST;
   (III) SEXUAL MISCONDUCT; OR
   (IV) WITNESS TAMPERING.
   (B) A "LAW ENFORCEMENT EMPLOYEE" MEANS:
   (I) ANY EMPLOYEE OF THE STATE POLICE DEPARTMENT, AS DEFINED IN SECTION
 TWO HUNDRED TWENTY-THREE OF THIS CHAPTER;
   (II) ANY EMPLOYEE OF A COUNTY SHERIFF'S DEPARTMENT; OR
   (III)  ANY  EMPLOYEE  OF  A  CITY, TOWN, VILLAGE, UNIVERSITY, PARK, OR
 PUBLIC AUTHORITY'S POLICE DEPARTMENT.
   2. IMMUNITY FROM LIABILITY AND PROFESSIONAL RETALIATION AGAINST A  LAW
 ENFORCEMENT EMPLOYEE WHO INTERVENES AGAINST POLICE MISCONDUCT.
   (A)  ANY LAW ENFORCEMENT EMPLOYEE WHO IN GOOD FAITH INTERVENES AGAINST
 POLICE MISCONDUCT IN COMPLIANCE WITH THIS ARTICLE  SHALL  HAVE  IMMUNITY

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

co-Sponsors

2021-S1990A (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8576
2023-2024: S1987
2025-2026: S6771

2021-S1990A (ACTIVE) - Summary

Grants immunity from professional retaliation against a law enforcement employee who intervenes against police misconduct committed by another member of law enforcement.

2021-S1990A (ACTIVE) - Sponsor Memo

2021-S1990A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1990--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sens. JACKSON, HOYLMAN, RAMOS, RIVERA, SEPULVEDA -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Codes  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to law enforcement inter-
   vention against police misconduct
 
   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-w
 to read as follows:
   § 837-W. LAW ENFORCEMENT INTERVENTION AGAINST POLICE MISCONDUCT.    1.
 DEFINITIONS.  WHEN USED IN THIS SECTION, AND UNLESS THE SPECIFIC CONTEXT
 INDICATES OTHERWISE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING  MEAN-
 INGS:
   (A)  "POLICE MISCONDUCT" MEANS CONDUCT BY A LAW ENFORCEMENT OFFICER IN
 THE COURSE OF AN ARREST OR OTHERWISE IN THE OFFICIAL  CAPACITY  OF  SUCH
 LAW ENFORCEMENT OFFICER THAT IS:
   (I)  EXCESSIVE,  FORCEFUL,  OR VIOLENT AND THAT IS NOT JUSTIFIED UNDER
 SECTION 35.30 OF THE PENAL LAW;
   (II) A FALSE ARREST;
   (III) SEXUAL MISCONDUCT; OR
   (IV) WITNESS TAMPERING.
   (B) A "LAW ENFORCEMENT EMPLOYEE" MEANS:
   (I) ANY EMPLOYEE OF THE STATE POLICE DEPARTMENT, AS DEFINED IN SECTION
 TWO HUNDRED TWENTY-THREE OF THIS CHAPTER;
   (II) ANY EMPLOYEE OF A COUNTY SHERIFF'S DEPARTMENT; OR
   (III) ANY EMPLOYEE OF A CITY,  TOWN,  VILLAGE,  UNIVERSITY,  PARK,  OR
 PUBLIC AUTHORITY'S POLICE DEPARTMENT.
   2.  IMMUNITY  FROM  PROFESSIONAL RETALIATION AGAINST A LAW ENFORCEMENT
 EMPLOYEE WHO INTERVENES AGAINST POLICE MISCONDUCT.   A  LAW  ENFORCEMENT
 AGENCY  SHALL NOT TAKE ANY RETALIATORY PERSONNEL ACTION, AS SUCH TERM IS

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

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