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Senate Bill S7327

2023-2024 Legislative Session

Relates to jurisdiction over police discipline

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Archive: Last Bill Status - In Senate Committee Cities 1 Committee

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2023-S7327 (ACTIVE) - Details

Current Committee:
Senate Cities 1
Law Section:
New York City Charter
Laws Affected:
Amd §440, NYC Chart
Versions Introduced in Other Legislative Sessions:
2021-2022: S6247
2025-2026: S6062

2023-S7327 (ACTIVE) - Summary

Relates to jurisdiction over police discipline; provides that the civilian complaint review board and the police commissioner shall have concurrent jurisdiction over the discipline of the New York city police department and of the police force of the department.

2023-S7327 (ACTIVE) - Sponsor Memo

2023-S7327 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7327
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 AN ACT to amend the New York city charter, in relation  to  jurisdiction
   over police department discipline
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 1 of subdivision (c) of section 440  of  the  New
 York  city charter, as amended by local law number 24 of the city of New
 York for the year 2022, is amended to read as follows:
   1. THE BOARD AND THE POLICE COMMISSIONER SHALL HAVE CONCURRENT  JURIS-
 DICTION  OVER  THE DISCIPLINE OF THE NEW YORK CITY POLICE DEPARTMENT AND
 OF THE POLICE FORCE OF THE DEPARTMENT. The board shall have the power to
 receive, investigate, hear, make findings and [recommend action]  RECOM-
 MENDATIONS,   AND  IMPOSE  ANY  PENALTY  OR  LEVEL  OF  DISCIPLINE  upon
 complaints, AND THE RESOLUTION THEREOF, by  members  of  the  public  or
 complaints  initiated by the board against members of the police depart-
 ment that allege misconduct involving excessive use of force,  abuse  of
 authority including bias-based policing and racial profiling, discourte-
 sy,  or  use of offensive language, including, but not limited to, slurs
 relating to race, ethnicity, religion, gender,  sexual  orientation  and
 disability.  The  board  shall also have the power to investigate, hear,
 make findings and [recommend action]  RECOMMENDATIONS,  AND  IMPOSE  ANY
 PENALTY OR LEVEL OF DISCIPLINE regarding the truthfulness of any materi-
 al  official  statement made by a member of the police department who is
 the subject of a complaint received or initiated by the board,  if  such
 statement  was  made during the course of and in relation to the board's
 resolution of  such  complaint.  The  findings  [and],  recommendations,
 PENALTIES  OR  DISCIPLINE of the board, and the basis therefor, shall be
 submitted to the police commissioner. No finding or recommendation shall
 be based solely upon an unsworn complaint or statement, nor shall  prior
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11202-01-3
 S. 7327                             2

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