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Assembly Bill A6640

2025-2026 Legislative Session

Enacts the "correctional abuse accountability act"

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Current Bill Status - In Assembly Committee

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2025-A6640 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §137, Cor L

2025-A6640 (ACTIVE) - Summary

Enacts the "correctional abuse accountability act"; requires actions by the department if a correctional officer seriously harms or is responsible for the death of an incarcerated individual.

2025-A6640 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6640
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
   tee on Correction
 
 AN  ACT to amend the correction law, in relation to correctional officer
   conduct and penalty for maltreatment of an incarcerated individual
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "correctional abuse accountability act".
   § 2. Section 137 of the correction law is  amended  by  adding  a  new
 subdivision 5-a to read as follows:
   5-A. (A) IF A DEPARTMENT CORRECTIONAL OFFICER IS INVOLVED IN THE SERI-
 OUS  INJURY, HARM, OR OTHER MALTREATMENT, AS PROVIDED FOR IN SUBDIVISION
 FIVE OF THIS SECTION, OF AN INCARCERATED INDIVIDUAL, SUCH OFFICER  SHALL
 BE  REMOVED  IMMEDIATELY AND PLACED INTO A DIFFERENT POSITION WITHIN THE
 DEPARTMENT IN WHICH THE OFFICER SHALL HAVE NO DIRECT  CONTACT  WITH  ANY
 INCARCERATED INDIVIDUAL.
   (B)  IF  A DEPARTMENT CORRECTIONAL OFFICER IS CHARGED WITH INVOLVEMENT
 IN THE HOMICIDE OF AN INCARCERATED INDIVIDUAL,  SUCH  OFFICER  SHALL  BE
 PLACED  ON LEAVE DURING THE COURSE OF THE DEPARTMENT'S INVESTIGATION. IF
 THE OFFICER IS FOUND TO HAVE BEEN INVOLVED IN THE HOMICIDE,  SUCH  OFFI-
 CER'S EMPLOYMENT WITH THE DEPARTMENT SHALL BE TERMINATED IMMEDIATELY.
   (C) NO PROVISION OF THIS SUBDIVISION SHALL BE INTERPRETED AS SHIELDING
 SUCH  AN OFFICER FROM CIVIL OR CRIMINAL ACTION. DEPARTMENT INVESTIGATION
 NEED NOT BE COMPLETED OR HAVE IMPLICATED THE OFFICER BEFORE A  CIVIL  OR
 CRIMINAL ACTION MAY BE COMMENCED.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09229-02-5

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