S T A T E O F N E W Y O R K
________________________________________________________________________
6033
2023-2024 Regular Sessions
I N A S S E M B L Y
March 30, 2023
___________
Introduced by M. of A. CHANDLER-WATERMAN -- read once and referred to
the Committee on Governmental Employees
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.
LBD00508-01-3
A. 6033 2
THE DEATH OR SERIOUS PHYSICAL INJURY TO A PERSON AS DEFINED IN SECTION
10.00 OF THE PENAL LAW SHALL BE EXPEDITED. THE HEARING OFFICER SHALL
ESTABLISH A HEARING SCHEDULE TO ENSURE THAT THIS EXPEDITED HEARING IS
COMPLETED WITHIN THE REQUIRED TIMEFRAMES.
C. IF, AFTER THE HEARING OF THE CHARGES OF INCOMPETENCY OR MISCONDUCT,
IT IS DETERMINED THAT THE OFFICER WAS FOUND TO NOT HAVE ACTED INCOMPE-
TENTLY OR COMMITTED AN ACT OF MISCONDUCT, SUCH OFFICER SHALL BE RESTORED
TO HIS OR HER POSITION WITH FULL PAY FOR THE PERIOD OF SUSPENSION LESS
THE AMOUNT OF ANY UNEMPLOYMENT INSURANCE BENEFITS HE OR SHE MAY HAVE
RECEIVED DURING SUCH PERIOD.
§ 2. Subdivision 3-a of section 75 of the civil service law, as added
by chapter 753 of the laws of 1990, is amended to read as follows:
3-a. Suspension pending determination of charges and penalties relat-
ing to police officers of the police department of the city of New York.
Pending the hearing and determination of charges of incompetency or
misconduct, a police officer employed by the police department of the
city of New York may be suspended without pay for a period not exceeding
thirty days; PROVIDED HOWEVER, THAT SUCH OFFICER WHO IS SUBJECT TO SUCH
HEARING WHEREIN SUCH CHARGES OF INCOMPETENCY OR MISCONDUCT ARE BROUGHT
ABOUT AS A RESULT OF 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 A CHARGE OF INCOM-
PETENCY 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 THIS SUBDIVISION 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 SHALL BE
EXPEDITED. THE HEARING OFFICER SHALL ESTABLISH A HEARING SCHEDULE TO
ENSURE THAT THIS EXPEDITED HEARING IS COMPLETED WITHIN THE REQUIRED
TIMEFRAMES.
C. IF, AFTER THE HEARING OF THE CHARGES OF INCOMPETENCY OR MISCONDUCT,
IT IS DETERMINED THAT THE OFFICER WAS FOUND TO NOT HAVE ACTED INCOMPE-
TENTLY OR COMMITTED AN ACT OF MISCONDUCT, SUCH OFFICER SHALL BE RESTORED
TO HIS OR HER POSITION WITH FULL PAY FOR THE PERIOD OF SUSPENSION LESS
THE AMOUNT OF ANY UNEMPLOYMENT INSURANCE BENEFITS HE OR SHE MAY HAVE
RECEIVED DURING SUCH PERIOD. If such officer is found guilty of the
charges, the police commissioner of such department may punish the
police officer pursuant to the provisions of sections 14-115 and 14-123
of the administrative code of the city of New York.
§ 3. If any item, clause, sentence, subparagraph, subdivision, section
or other part of this act, or the application thereof to any person or
circumstances shall be held to be invalid, such holding shall not
affect, impair or invalidate the remainder of this act, or the applica-
tion of such section or part of a section held invalid, to any other
person or circumstances, but shall be confined in its operation to the
item, clause, sentence, subparagraph, subdivision, section or other part
of this act directly involved in such holding, or to the person and
circumstances therein involved.
§ 4. This act shall take effect immediately and shall apply to cases
pending or arising on or after such effective date.