senate Bill S6436

2021-2022 Legislative Session

Provides for the indefinite suspension of New York city police officers without pay pending the disposition of charges of incompetence or misconduct in certain cases

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Civil Service And Pensions Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to civil service and pensions
Apr 28, 2021 referred to civil service and pensions

Co-Sponsors

S6436 (ACTIVE) - Details

See Assembly Version of this Bill:
A1646
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §1, Chap 753 of 1990; amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3462
2011-2012: A3054
2013-2014: A4386
2015-2016: A5025
2017-2018: A763
2019-2020: A474

S6436 (ACTIVE) - Summary

Provides for the indefinite suspension of New York city police officers without pay pending the disposition of charges of incompetence or misconduct resulting in death or serious physical injury as defined in section 10.00 of the penal law.

S6436 (ACTIVE) - Sponsor Memo

S6436 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6436
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2021
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend chapter 753 of the  laws  of  1990  amending  the  civil
   service  law, relating to suspension of police officers pending deter-
   mination of charges; and to amend the civil service law,  in  relation
   to  suspension  of  New  York city police officers without pay pending
   determination of charges
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1 of chapter 753 of the laws of 1990 amending the
 civil service law, relating to suspension  of  police  officers  pending
 determination of charges, is amended to read as follows:
   Section 1. Notwithstanding any other provision of law to the contrary,
 police officers as defined in paragraph (d) of subdivision 34 of section
 1.20  of  the  criminal  procedure  law and as designated members of the
 police department of the city of New York pursuant to section 431 of the
 New York city charter, pending the determination of charges of  incompe-
 tency  or  misconduct may not be suspended for a period exceeding thirty
 days; PROVIDED, HOWEVER, THAT ANY SUCH POLICE OFFICER WHO IS SUBJECT  TO
 A  HEARING  PURSUANT TO SUBDIVISION 3 OF SECTION 75 OF THE CIVIL SERVICE
 LAW WHEREIN THE CHARGES OF INCOMPETENCY OR MISCONDUCT  ARE  DUE  TO  THE
 DEATH OR SERIOUS PHYSICAL INJURY TO A PERSON AS DEFINED IN SECTION 10.00
 OF  THE  PENAL LAW MAY BE SUSPENDED WITHOUT PAY FOR AN INDEFINITE PERIOD
 PENDING THE DETERMINATION OF THE HEARING OF CHARGES OF  INCOMPETENCY  OR
 MISCONDUCT.
   A.  AS  USED  IN  THIS  SECTION, "INDEFINITE PERIOD" MEANS A PERIOD OF
 NINETY DAYS, PROVIDED THAT IF A DETERMINATION OF THE CHARGE OF  INCOMPE-
 TENCY OR MISCONDUCT FROM THE HEARING HAS NOT BEEN MADE DURING THE NINETY
 DAY PERIOD, SUCH PERIOD MAY BE EXTENDED FOR AN ADDITIONAL THIRTY DAYS.
   B.  A  HEARING  PURSUANT  TO  SUBDIVISION 3 OF SECTION 75 OF THE CIVIL
 SERVICE LAW WHEREIN THE CHARGES OF INCOMPETENCY OR MISCONDUCT ARE DUE TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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