Assembly Bill A1047

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1047
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M. of A. RAMOS, JACKSON, MEEKS, FORREST, GIBBS, ANDERSON
   -- read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to requiring police offi-
   cers to report the misconduct of a police officer  and  requiring  the
   division of criminal justice to establish a protocol to be followed by
   police  agencies  when  handling  and  recording  mandatory reports of
   misconduct by a police  officer;  and  to  amend  the  penal  law,  in
   relation  to establishing the crime of failure to report misconduct by
   a police officer
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 837 of the executive law is amended by adding a new
 subdivision 24 to read as follows:
   24.  PROMULGATE  A  STANDARDIZED  AND  DETAILED WRITTEN PROTOCOL TO BE
 FOLLOWED BY POLICE AGENCIES FOR THE HANDLING AND RECORDING OF  MANDATORY
 REPORTS  OF  MISCONDUCT  BY  A  POLICE  OFFICER  AS REQUIRED PURSUANT TO
 SECTION EIGHT HUNDRED THIRTY-SEVEN-Y OF THIS ARTICLE. THE PROTOCOL SHALL
 INCLUDE PROVISIONS PROTECTING POLICE OFFICERS WHO ARE MANDATED TO REPORT
 MISCONDUCT FROM RETALIATION AGAINST SUCH OFFICER AS A RESULT  OF  FILING
 SUCH  REPORT. THE DIVISION SHALL ALSO PROMULGATE A STANDARDIZED "OFFICER
 MISCONDUCT INCIDENT REPORT FORM" FOR  USE  BY  POLICE  AGENCIES  IN  THE
 REPORTING, RECORDING AND INVESTIGATION OF ALL ALLEGED INCIDENTS OF OFFI-
 CER  MISCONDUCT,  REGARDLESS OF WHETHER AN ARREST IS MADE AS A RESULT OF
 SUCH INVESTIGATION. SUCH FORM SHALL BE PREPARED IN MULTIPLE  PARTS,  ONE
 OF  WHICH  SHALL  BE  IMMEDIATELY  FORWARDED  TO THE DIVISION, AND SHALL
 INCLUDE DESIGNATED SPACES FOR: THE RECORDATION OF  THE  RESULTS  OF  THE
 INVESTIGATION  BY  THE POLICE AGENCY AND THE BASIS FOR ANY ACTION TAKEN;
 THE RECORDATION OF THE REPORTING OFFICER'S  ALLEGATIONS  OF  MISCONDUCT;
 AND  IMMEDIATELY THEREUNDER A SPACE ON WHICH THE REPORTING OFFICER SHALL
 SIGN AND VERIFY SUCH OFFICER'S ALLEGATIONS. SUCH PROTOCOL SHALL  INCLUDE
 PROVISIONS  REGARDING  THE  FAILURE TO REPORT MISCONDUCT WHICH, NOTWITH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00334-01-5
              

 A. 1047                             2
 
 STANDING ANY PROVISION OF  A  LABOR  CONTRACT  TO  THE  CONTRARY,  SHALL
 AUTHORIZE  THE  POLICE  AGENCY TO TERMINATE FROM EMPLOYMENT AND/OR BRING
 CRIMINAL CHARGES AGAINST THE OFFICER WHO FAILED TO  REPORT  THE  MISCON-
 DUCT.
   §  2.  The  executive  law is amended by adding a new section 837-y to
 read as follows:
   § 837-Y. MANDATORY REPORTING OF MISCONDUCT. EVERY POLICE OFFICER SHALL
 BE REQUIRED TO REPORT IN ACCORDANCE WITH THIS SECTION WHEN SUCH  OFFICER
 HAS  REASONABLE  CAUSE  TO SUSPECT THAT A POLICE OFFICER, ACTING IN SUCH
 OFFICER'S PROFESSIONAL OR OFFICIAL CAPACITY, HAS USED EXCESSIVE FORCE OR
 OTHERWISE ACTED WITH MISCONDUCT IN RELATION  TO  THE  USE  OF  EXCESSIVE
 FORCE.   WHENEVER SUCH OFFICER IS REQUIRED TO REPORT UNDER THIS SECTION,
 SUCH OFFICER SHALL IMMEDIATELY  NOTIFY  SUCH  OFFICER'S  POLICE  AGENCY,
 WHICH  THEN  SHALL BE RESPONSIBLE TO FORWARD SUCH REPORT TO THE DIVISION
 AND TO FOLLOW THE PROTOCOL  ESTABLISHED  BY  THE  DIVISION  PURSUANT  TO
 SUBDIVISION  TWENTY-FOUR  OF  SECTION EIGHT HUNDRED THIRTY-SEVEN OF THIS
 ARTICLE.  A POLICE OFFICER WHO FAILS TO COMPLY WITH THE REQUIREMENTS  OF
 THIS  SECTION  SHALL  BE  CHARGED WITH FAILURE TO REPORT MISCONDUCT BY A
 POLICE OFFICER PURSUANT TO SECTION 195.01 OF THE PENAL LAW.
   § 3. The penal law is amended by adding a new section 195.01  to  read
 as follows:
 § 195.01 FAILURE TO REPORT MISCONDUCT BY A POLICE OFFICER.
   A POLICE OFFICER IS GUILTY OF FAILURE TO REPORT MISCONDUCT BY A POLICE
 OFFICER WHEN SUCH OFFICER:
   1.    HAS REASONABLE CAUSE TO SUSPECT THAT A POLICE OFFICER, ACTING IN
 SUCH OFFICER'S PROFESSIONAL OR OFFICIAL  CAPACITY,  HAS  USED  EXCESSIVE
 FORCE  OR  OTHERWISE  ACTED  WITH  MISCONDUCT  IN RELATION TO THE USE OF
 EXCESSIVE FORCE; AND
   2. FAILS TO REPORT SUCH MISCONDUCT AS  REQUIRED  PURSUANT  TO  SECTION
 EIGHT HUNDRED THIRTY-SEVEN-Y OF THE EXECUTIVE LAW.
   FAILURE TO REPORT MISCONDUCT BY A POLICE OFFICER IS A CLASS D FELONY.
   § 4. This act shall take effect immediately.