Senate Bill S1920

2023-2024 Legislative Session

Relates to the termination of law enforcement officer benefits for malfeasance or serious misconduct

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Civil Service And Pensions 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2023-S1920 (ACTIVE) - Details

Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Add §108, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8583
2021-2022: S2781

2023-S1920 (ACTIVE) - Summary

Provides that any officer terminated who was dismissed for malfeasance or serious misconduct or resigned or retired during an investigation relating to such malfeasance or serious misconduct shall not be entitled to receive any retirement or other benefit or payment of any kind.

2023-S1920 (ACTIVE) - Sponsor Memo

2023-S1920 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1920
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 AN ACT to amend the civil service law, in relation to the termination of
   law enforcement officer benefits for malfeasance or serious misconduct

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil service law is amended by adding  a  new  section
 108 to read as follows:
   § 108. TERMINATION OF BENEFITS; LAW ENFORCEMENT OFFICERS. 1.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW, ANY LAW ENFORCEMENT OFFICER THAT IS
 TERMINATED  AND WHO (A) WAS DISMISSED FOR MALFEASANCE OR ANY OTHER SERI-
 OUS MISCONDUCT, OR (B) RESIGNED OR  RETIRED  FROM  SUCH  POSITION  WHILE
 UNDER  INVESTIGATION  FOR  SUCH MALFEASANCE OR OTHER SERIOUS MISCONDUCT,
 SHALL NOT BE ENTITLED TO RECEIVE ANY  RETIREMENT  OR  OTHER  BENEFIT  OR
 PAYMENT OF ANY KIND.
   2.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY LAW ENFORCE-
 MENT OFFICER WHO IS EXONERATED OF EACH ALLEGATION AGAINST  SUCH  OFFICER
 OF SUCH MALFEASANCE OR OTHER SERIOUS MISCONDUCT.
   3.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "LAW ENFORCEMENT OFFICER" MEANS A POLICE  OFFICER  AS  DEFINED  IN
 SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW;
   (B)  "MALFEASANCE" MEANS THE COMMONLY APPROVED USAGE OF "MALFEASANCE";
 AND
   (C) "SERIOUS MISCONDUCT" MEANS IMPROPER OR ILLEGAL ACTIONS TAKEN BY  A
 LAW  ENFORCEMENT  OFFICER  IN  CONNECTION  WITH  SUCH OFFICER'S OFFICIAL
 DUTIES THAT COULD RESULT IN A MISCARRIAGE OF JUSTICE OR  DISCRIMINATION,
 INCLUDING, BUT NOT LIMITED TO, (I) A CONVICTION OF A FELONY, (II) FABRI-
 CATION  OF EVIDENCE, (III) REPEATED USE OF EXCESSIVE FORCE, (IV) ACCEPT-
 ANCE OF A BRIBE, OR (V) THE COMMISSION OF FRAUD.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05318-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.