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Assembly Bill A6457

2023-2024 Legislative Session

Relates to the re-assignment of police officers pending certain investigations and hearings

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Archive: Last Bill Status - In Assembly Committee

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2023-A6457 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10647
2021-2022: A1617
2025-2026: A7244

2023-A6457 (ACTIVE) - Summary

Relates to the re-assignment of police officers pending certain investigations of incompetency or misconduct involving egregious behavior including, but not limited to, police brutality, intimidation, racial profiling, planting or fabricating evidence, unwarranted search and seizure, violating department procedures, and abuse of authority, and provides for an expeditious investigation of such incidents.

2023-A6457 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6457
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2023
                                ___________
 
 Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred to
   the Committee on Governmental Employees
 
 AN ACT to amend the civil service law, in relation to the  re-assignment
   of police officers pending certain investigations and hearings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as  the  "one  bad
 apple police bad behavior prevention law".
   §  2.  Section  75 of the civil service law is amended by adding a new
 subdivision 3-b to read as follows:
   3-B. RE-ASSIGNMENT OF POLICE OFFICERS PENDING INVESTIGATION. (A) IF  A
 VIDEO  OR  OTHER  EVIDENCE  EXISTS IDENTIFYING A POLICE OR PEACE OFFICER
 ENGAGING IN EGREGIOUS BEHAVIOR INCLUDING, BUT  NOT  LIMITED  TO,  POLICE
 BRUTALITY,  INTIMIDATION,  RACIAL  PROFILING,  PLANTING  OR  FABRICATING
 EVIDENCE, UNWARRANTED SEARCH AND SEIZURE,  VIOLATING  DEPARTMENT  PROCE-
 DURES, AND ABUSE OF AUTHORITY, THE COMMISSIONER OF POLICE, CHIEF OFFICER
 OF  THE DEPARTMENT OR ANY OFFICER SO AUTHORIZED TO EXECUTE SUCH AN ORDER
 SHALL RELIEVE THE OFFICER OF HIS OR HER WEAPON AND BADGE, AND ASSIGN THE
 OFFICER TO DESK DUTY PENDING THE INVESTIGATION OF AND HEARING AND DETER-
 MINATION OF CHARGES OF INCOMPETENCY OR MISCONDUCT.
   (B) WHEN AN INCIDENT INVOLVING CONDUCT DESCRIBED IN PARAGRAPH  (A)  OF
 THIS  SUBDIVISION  OCCURS,  THE  DEPARTMENT SHALL CONDUCT AN EXPEDITIOUS
 PRELIMINARY INVESTIGATION TO DETERMINE WHETHER CHARGES  OF  INCOMPETENCY
 OR  MISCONDUCT SHOULD BE BROUGHT AGAINST THE OFFICER. IF THE PRELIMINARY
 INVESTIGATION DETERMINES THAT CHARGES SHOULD NOT BE BROUGHT AGAINST  THE
 OFFICER,  THE  DEPARTMENT  MAY  RESTORE  THE  OFFICER TO FULL STATUS AND
 RETURN HIS OR HER WEAPON AND BADGE.   IF THE  PRELIMINARY  INVESTIGATION
 DETERMINES  THAT  CHARGES  SHOULD  BE  BROUGHT  AGAINST THE OFFICER, THE
 INVESTIGATION AND HEARING OF CHARGES OF INCOMPETENCY OR MISCONDUCT SHALL
 PROCEED AND THE DEPARTMENT SHALL NOT RESTORE THE OFFICER TO FULL  STATUS
 NOR  RETURN  HIS OR HER WEAPON AND BADGE UNTIL A DETERMINATION REGARDING
 CHARGES OF INCOMPETENCY OR MISCONDUCT HAS BEEN MADE.
   § 3. This act shall take effect immediately and shall apply  to  cases
 pending or arising on or after such effective date.

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