Senate Bill S5248A

2021-2022 Legislative Session

Relates to establishing reporting duties of law enforcement agencies with respect to police misconduct allegations and outcomes

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2021-S5248 - Details

See Assembly Version of this Bill:
A4563
Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Add §837-x, Exec L
Versions Introduced in 2023-2024 Legislative Session:
S3095, A4778

2021-S5248 - Summary

Relates to establishing reporting duties of law enforcement agencies with respect to police misconduct allegations and outcomes; requires the division of criminal justice services to establish and maintain on its official website a public, searchable database of alleged infractions and police misconduct complaints.

2021-S5248 - Sponsor Memo

2021-S5248 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5248
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- 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  the  disclosure  of
   disciplinary charges against a police officer or peace officer
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 1 and subdivision 2 of
 section 837-t of the executive law, as added by section 1 of part RR  of
 chapter  55  of the laws of 2019, are amended and a new subdivision 3 is
 added to read as follows:
   The chief of every police department, each  county  sheriff,  and  the
 superintendent  of  state police shall report to the division, in a form
 [and], manner AND REGULARITY as defined in regulations by the  division,
 any  instance  or  occurrence  in  which a police officer, as defined in
 subdivision thirty-four of section 1.20 of the criminal  procedure  law,
 or a peace officer, as defined in section 2.10 of the criminal procedure
 law, IS BROUGHT UP FOR POTENTIAL DISCIPLINARY ACTION OR, employs the use
 of force as follows:
   2. [On an annual basis] FOR EACH CALENDAR YEAR, the commissioner shall
 conspicuously publish on the department's website a comprehensive report
 including  the  DISCIPLINARY  INFORMATION  AND  use of force information
 received under subdivision one of  this  section  during  the  preceding
 year.  Such  reports  shall  [not] identify the names of the individuals
 involved, [but] AND for each event reported, shall list the date of  the
 event,  the location [disaggregated by county] and law enforcement agen-
 cies involved, the town or city, and any  additional  relevant  location
 information,  a description of the circumstances of the event, [and] the
 race, sex, ethnicity, age,  or,  if  unknown,  approximate  age  of  all
 persons engaging in [the] ANY use of force or suffering [such] injury, A
 LIST  OF  ANY  DISCIPLINARY CHARGES BROUGHT, THE FACTUAL BASES FOR THOSE
 CHARGES, AND THE RESULTS OF THOSE CHARGES AND WHETHER THEY WERE SUBSTAN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S5248A (ACTIVE) - Details

See Assembly Version of this Bill:
A4563
Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Add §837-x, Exec L
Versions Introduced in 2023-2024 Legislative Session:
S3095, A4778

2021-S5248A (ACTIVE) - Summary

Relates to establishing reporting duties of law enforcement agencies with respect to police misconduct allegations and outcomes; requires the division of criminal justice services to establish and maintain on its official website a public, searchable database of alleged infractions and police misconduct complaints.

2021-S5248A (ACTIVE) - Sponsor Memo

2021-S5248A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5248--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced by Sens. BRISPORT, SALAZAR -- read twice and ordered printed,
   and  when  printed to be committed to the Committee on Codes -- recom-
   mitted to the Committee on Codes in accordance  with  Senate  Rule  6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the executive law, in  relation  establishing  reporting
   duties  of  law enforcement agencies with respect to police misconduct
   allegations and outcomes
 
   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. REPORTING DUTIES OF LAW ENFORCEMENT AGENCIES WITH RESPECT  TO
 POLICE  MISCONDUCT  ALLEGATIONS  AND  OUTCOMES.  1. DEFINITIONS. FOR THE
 PURPOSES OF THIS SECTION:
   A. "ACTION PENDING INVESTIGATION" MEANS  AN  ACTION  TAKEN  BY  A  LAW
 ENFORCEMENT  AGENCY  IN RESPONSE TO THE OPENING OF AN INVESTIGATION INTO
 AN ALLEGED INFRACTION, INCLUDING BUT NOT LIMITED TO PLACING  AN  OFFICER
 ON MODIFIED DUTY, UNPAID SUSPENSION, OR PAID SUSPENSION.
   B.  "ENCOUNTER"  MEANS  THE CONTACT BETWEEN THE SUBJECT OFFICER AND AN
 INDIVIDUAL THAT RESULTED IN EITHER A POLICE MISCONDUCT COMPLAINT  OR  AN
 ALLEGED INFRACTION.
   C. "ALLEGED INFRACTION" MEANS ANY ALLEGED VIOLATION OF AGENCY RULES OR
 POLICIES  OR  VIOLATIONS  OF  LAW  BY  AN OFFICER. AN ALLEGED INFRACTION
 INCLUDES ANY RULE VIOLATION REGARDLESS OF WHETHER IT IS ASSOCIATED  WITH
 A  POLICE  MISCONDUCT  COMPLAINT.  THE  TERM ALLEGED INFRACTION DOES NOT
 INCLUDE TECHNICAL INFRACTIONS AS DEFINED IN SECTION  EIGHTY-SIX  OF  THE
 PUBLIC OFFICERS LAW.
   D. "DISCIPLINARY ACTION" MEANS ANY ACTION TAKEN BY THE LAW ENFORCEMENT
 AGENCY AS A RESULT OF AN INVESTIGATION CONCERNING AN ALLEGED INFRACTION.
 DISCIPLINARY  ACTION INCLUDES BUT IS NOT LIMITED TO CHARGES AND SPECIFI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08062-03-2
              

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