senate Bill S5252

2021-2022 Legislative Session

Provides final discipline authority over civilian complaints to the civilian complaint review board

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Cities Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 26, 2021 referred to cities 1

Co-Sponsors

S5252 (ACTIVE) - Details

See Assembly Version of this Bill:
A6012
Law Section:
New York City Charter
Laws Affected:
Amd §§434 & 440, NYC Chart; amd §14-115, NYC Ad Cd

S5252 (ACTIVE) - Summary

Provides final discipline authority over civilian complaints to the civilian complaint review board; creates a hearing officer and adjudicative body for such complaint review board.

S5252 (ACTIVE) - Sponsor Memo

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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.