Assembly Bill A739

2023-2024 Legislative Session

Requires the termination of any police officer or peace officer who uses physical force which is not justifiable or which is not part of procedure

download bill text pdf

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Archive: Last 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-A739 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Executive Law
Laws Affected:
Add §837-t-1, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10602
2021-2022: A1914

2023-A739 (ACTIVE) - Summary

Requires the termination of any police officer or peace officer who uses physical force which is not justifiable or which is not part of procedure regardless of if harm is done any person or if any complaint is filed against such police officer or peace officer.

2023-A739 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    739
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M. of A. CARROLL, SEAWRIGHT -- read once and referred to
   the Committee on Governmental Employees
 
 AN ACT to amend the executive law, in relation to requiring  the  termi-
   nation  of any police officer or peace officer who uses physical force
   which is not justifiable or which is not part of procedure

   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-t-1 to read as follows:
   § 837-T-1. TERMINATION DUE TO USE OF FORCE. WHENEVER A POLICE  OFFICER
 OR  PEACE  OFFICER USES PHYSICAL FORCE AND SUCH FORCE IS NOT JUSTIFIABLE
 PURSUANT TO SECTION 35.30 OF THE PENAL LAW OR SUCH FORCE IS NOT  IN  THE
 PROCEDURES  ON THE USE OF PHYSICAL FORCE ESTABLISHED BY THE POLICE OFFI-
 CER'S OR PEACE OFFICER'S EMPLOYER, SUCH POLICE OFFICER OR PEACE  OFFICER
 SHALL  BE TERMINATED FROM SUCH POSITION IMMEDIATELY. SUCH POLICE OFFICER
 OR PEACE OFFICER SHALL BE TERMINATED REGARDLESS OF IF HARM IS  DONE  ANY
 PERSON OR IF ANY COMPLAINT IS FILED AGAINST SUCH POLICE OFFICER OR PEACE
 OFFICER.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01097-01-3

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