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Senate Bill S6247

2021-2022 Legislative Session

Relates to jurisdiction over police discipline

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Archive: Last Bill Status - In Senate Committee Cities 1 Committee

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2021-S6247 (ACTIVE) - Details

Current Committee:
Senate Cities 1
Law Section:
New York City Charter
Laws Affected:
Amd §440, NYC Chart
Versions Introduced in Other Legislative Sessions:
2023-2024: S7327
2025-2026: S6062

2021-S6247 (ACTIVE) - Summary

Relates to jurisdiction over police discipline; provides that the civilian complaint review board and the police commissioner shall have concurrent jurisdiction over the discipline of the New York city police department and of the police force of the department.

2021-S6247 (ACTIVE) - Sponsor Memo

2021-S6247 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6247
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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, in relation  to  jurisdiction
   over police department discipline
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 1 of subdivision (c) of section 440  of  the  New
 York  city  charter,  as amended by section 2 of Question 2 of local law
 number 215 of the city of New York for the year 2019, is amended to read
 as follows:
   1. THE BOARD AND THE POLICE COMMISSIONER SHALL HAVE CONCURRENT  JURIS-
 DICTION  OVER  THE DISCIPLINE OF THE NEW YORK CITY POLICE DEPARTMENT AND
 OF THE POLICE FORCE OF THE DEPARTMENT. The board shall have the power to
 receive, investigate, hear, make findings and [recommend action]  RECOM-
 MENDATIONS,   AND  IMPOSE  ANY  PENALTY  OR  LEVEL  OF  DISCIPLINE  upon
 complaints, AND THE RESOLUTION THEREOF, by members of the public against
 members of the police department that allege misconduct involving exces-
 sive use of force, abuse of authority, discourtesy, or use of  offensive
 language, including, but not limited to, slurs relating to race, ethnic-
 ity,  religion,  gender,  sexual orientation and disability.   The board
 shall also have the  power  to  investigate,  hear,  make  findings  and
 [recommend  action]  RECOMMENDATIONS, AND IMPOSE ANY PENALTY OR LEVEL OF
 DISCIPLINE regarding the truthfulness of any material official statement
 made by a member of the police  department  who  is  the  subject  of  a
 complaint  received  by the board, if such statement was made during the
 course of and in relation to the board's resolution of  such  complaint.
 The  findings  [and],  recommendations,  PENALTIES  OR DISCIPLINE of the
 board, and the basis therefor, shall be submitted to the police  commis-
 sioner.  No  finding  [or], recommendation, OR DISCIPLINE shall be based
 solely upon an unsworn complaint or statement, nor  shall  prior  unsub-
 stantiated,  unfounded or withdrawn complaints be the basis for any such
 finding [or], recommendation, OR DISCIPLINE.
   § 2. This act shall take effect immediately.

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