|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 26, 2021||referred to cities 1|
senate Bill S5252
Current Bill Status - In Senate Committee Cities Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5252 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Law Section:
- New York City Charter
- Laws Affected:
- Amd §§434 & 440, NYC Chart; amd §14-115, NYC Ad Cd
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.
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.
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