Assembly Bill A9647

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9647
 
                           I N  A S S E M B L Y
 
                              March 27, 2024
                                ___________
 
 Introduced  by M. of A. CHANG -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the public officers law and the administrative  code  of
   the  city  of  New York, in relation to defense and indemnification of
   officers and employees of public entities; and to repeal chapter 8  of
   title 8 of the administrative code of the city of New York relating to
   the right of security against unreasonable search and seizure
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 18 of the public officers law,  as
 added by chapter 277 of the laws of 1981, is amended to read as follows:
   2. The provisions of this section shall apply to [any public entity]:
   (a) A CITY WITH A POPULATION OF ONE MILLION OR MORE; AND
   (B) ANY OTHER PUBLIC ENTITY:
   (I)  whose  governing  body  has  agreed by the adoption of local law,
 by-law, resolution, rule or regulation [(i)] (1) to confer the  benefits
 of this section upon its employees, and [(ii)] (2) to be held liable for
 the costs incurred under these provisions; or
   [(b)] (II) where the governing body of a municipality, for whose bene-
 fit  the  public entity has been established, has agreed by the adoption
 of local law or resolution [(i)] (1) to  confer  the  benefits  of  this
 section  upon  the employees of such public entity, and [(ii)] (2) to be
 held liable for the costs incurred under these provisions.
   § 2. Chapter 8 of title 8 of the administrative code of  the  city  of
 New York is REPEALED.
   § 3. Section 7-114 of the administrative code of the city of New York,
 as  amended  by local law number 48 of the city of New York for the year
 2021, is amended to read as follows:
   § 7-114 Civil actions regarding the  police  department  [and  covered
 individuals].  [a. For purposes of this section, the term "covered indi-
 vidual" has the meaning ascribed to such term in section 8-801.
   b.] No later than January 31, 2018 and no later than each July 31  and
 January 31 thereafter, the law department shall post on its website, and
 provide  notice of such posting to the individual responsible for imple-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14419-02-4
 A. 9647                             2
 
 menting the duties set forth  in  paragraph  one  of  subdivision  c  of
 section  803 of the charter, the comptroller, the police department, the
 civilian complaint review board, and the  commission  to  combat  police
 corruption  the  following  information regarding civil actions filed in
 local, state or federal  court  against  the  police  department  [or  a
 covered  individual,  or  both,]  resulting from allegations of improper
 police conduct[, including, but not limited to, claims involving the use
 of force, assault and battery, malicious prosecution,  false  arrest  or
 imprisonment,  or  deprivation of a right pursuant to chapter 8 of title
 8]:
   1. a list of civil actions filed against the police  department  or  a
 covered  individual, or both, during the five-year period preceding each
 January 1 or July 1 immediately preceding each report;
   2. for each such action: (i) the  identities  of  the  plaintiffs  and
 defendants; (ii) the court in which the action was filed; (iii) the name
 of  the  law  firm  representing the plaintiff; (iv) the name of the law
 firm or agency representing each defendant; (v) the date the action  was
 filed;  and (vi) whether the plaintiff alleged improper police conduct[,
 including, but not limited to, claims involving use  of  force,  assault
 and  battery,  malicious  prosecution,  false arrest or imprisonment, or
 deprivation of a right pursuant to chapter 8 of title 8]; and
   3. if an action has been resolved:  (i)  the  date  on  which  it  was
 resolved;  (ii)  the  manner in which it was resolved; and (iii) whether
 the resolution included a payment to the plaintiff by the city, or by  a
 covered  individual or an employer or other person paying on behalf of a
 covered individual, and, if so, the amount of such payment.
   § 4. This act shall take effect immediately.