Assembly Actions -
Senate Actions - UPPERCASE
|Jan 05, 2022
referred to cities 1
|Feb 26, 2021
referred to cities 1
Senate Bill S5252
2021-2022 Legislative Session
Archive: Last Bill Status - In Senate Committee Cities 1 Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-S5252 (ACTIVE) - Details
2021-S5252 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5252 SPONSOR: BAILEY TITLE OF BILL: An act to amend the New York city charter and the administrative code of the city of New York, in relation to providing final discipline authori- ty over civilian complaints to the civilian complaint review board PURPOSE OR GENERAL IDEA OF BILL: To increase, transparency and public trust in the police disciplinary process by removing the Police Commissioner's discretion to modify or reject a. determination or recommendation made by the civilian complaint review board. This bill also provides due process and a fair and impar- tial determination of civilian complaints by a hearing officer who is independent of the police department, and removes the requirement that a civilian file a complaint before the civilian complaint review board can begin to investigate alleged misconduct, despite the board being aware that alleged misconduct may have been committed against a member of the public.
2021-S5252 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5252 2021-2022 Regular Sessions I N S E N A T E February 26, 2021 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 AN ACT to amend the New York city charter and the administrative code of the city of New York, in relation to providing final discipline authority over civilian complaints to the civilian complaint review board THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision a of section 434 of the New York city charter is amended to read as follows: a. The commissioner shall have cognizance and control of the govern- ment, administration, disposition and discipline of the department, and of the police force of the department, WITH THE EXCEPTION OF DISCIPLI- NARY DETERMINATIONS AND ADJUDICATIONS MADE BY THE CIVILIAN COMPLAINT REVIEW BOARD, WHICH SHALL NOT BE WITHIN THE DISCRETION OF THE POLICE COMMISSIONER. § 2. Section 440 of the New York city charter, as added by local law number 1 of the city of New York for the year 1993, paragraphs 1, 3 and 4 of subdivision (b) as amended by section 1, paragraphs 1, 2, 3 and 5 of subdivision (c) as amended by section 2, paragraphs 1 and 2 of subdi- vision (d) as amended by section 3, paragraph 3 of subdivision (d) as amended by section 4 and subdivision (g) as added by section 5 of ques- tion 2 of local law number 215 of the city of New York for the year 2019, is amended to read as follows: § 440. Public complaints against members of the police department. (a) It is in the interest of the people of the city of New York and the New York city police department that the investigation AND PROSECUTION of complaints concerning misconduct by officers of the department towards members of the public be complete, thorough and impartial. These inquires must be conducted fairly and independently, and in a manner in which the public and the police department have confidence. An independ- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.