Assembly Bill A4778

2023-2024 Legislative Session

Relates to establishing reporting duties of law enforcement agencies with respect to police misconduct allegations and outcomes

download bill text pdf

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Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A4778 (ACTIVE) - Details

See Senate Version of this Bill:
S3095
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §837-x, Exec L
Versions Introduced in 2021-2022 Legislative Session:
A4563, S5248

2023-A4778 (ACTIVE) - Summary

Relates to establishing reporting duties of law enforcement agencies with respect to police misconduct allegations and outcomes; requires the division of criminal justice services to establish and maintain on its official website a public, searchable database of alleged infractions and police misconduct complaints.

2023-A4778 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4778
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced by M. of A. EPSTEIN, SEAWRIGHT, SIMON, MEEKS -- read once and
   referred to the Committee on Governmental Operations
 
 AN  ACT  to  amend the executive law, in relation establishing reporting
   duties of law enforcement agencies with respect to  police  misconduct
   allegations and outcomes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  837-x
 to read as follows:
   §  837-X. REPORTING DUTIES OF LAW ENFORCEMENT AGENCIES WITH RESPECT TO
 POLICE MISCONDUCT ALLEGATIONS AND  OUTCOMES.  1.  DEFINITIONS.  FOR  THE
 PURPOSES OF THIS SECTION:
   A.  "ACTION  PENDING  INVESTIGATION"  MEANS  AN  ACTION TAKEN BY A LAW
 ENFORCEMENT AGENCY IN RESPONSE TO THE OPENING OF AN  INVESTIGATION  INTO
 AN  ALLEGED  INFRACTION, INCLUDING BUT NOT LIMITED TO PLACING AN OFFICER
 ON MODIFIED DUTY, UNPAID SUSPENSION, OR PAID SUSPENSION.
   B. "ENCOUNTER" MEANS THE CONTACT BETWEEN THE SUBJECT  OFFICER  AND  AN
 INDIVIDUAL  THAT  RESULTED IN EITHER A POLICE MISCONDUCT COMPLAINT OR AN
 ALLEGED INFRACTION.
   C. "ALLEGED INFRACTION" MEANS ANY ALLEGED VIOLATION OF AGENCY RULES OR
 POLICIES OR VIOLATIONS OF LAW  BY  AN  OFFICER.  AN  ALLEGED  INFRACTION
 INCLUDES  ANY RULE VIOLATION REGARDLESS OF WHETHER IT IS ASSOCIATED WITH
 A POLICE MISCONDUCT COMPLAINT. THE  TERM  ALLEGED  INFRACTION  DOES  NOT
 INCLUDE  TECHNICAL  INFRACTIONS  AS DEFINED IN SECTION EIGHTY-SIX OF THE
 PUBLIC OFFICERS LAW.
   D. "DISCIPLINARY ACTION" MEANS ANY ACTION TAKEN BY THE LAW ENFORCEMENT
 AGENCY AS A RESULT OF AN INVESTIGATION CONCERNING AN ALLEGED INFRACTION.
 DISCIPLINARY ACTION INCLUDES BUT IS NOT LIMITED TO CHARGES AND  SPECIFI-
 CATIONS,  TERMINATION, FORCED SEPARATION, PROBATION, SUSPENSION, LOSS OF
 VACATION  DAYS,  TRAINING,  INSTRUCTIONS,  MANDATED   DRUG   SCREENINGS,
 MANDATED  COUNSELING,  DIVESTURE OF INTEREST, COMMAND DISCIPLINE, OR ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00144-01-3
              

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