Relates to the re-assignment of police officers pending certain investigations of incompetency or misconduct involving egregious behavior including, but not limited to, police brutality, intimidation, racial profiling, planting or fabricating evidence, unwarranted search and seizure, violating department procedures, and abuse of authority, and provides for an expeditious investigation of such incidents.
S T A T E O F N E W Y O R K
________________________________________________________________________
7244
2025-2026 Regular Sessions
I N A S S E M B L Y
March 21, 2025
___________
Introduced by M. of A. CHANDLER-WATERMAN -- read once and referred to
the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to the re-assignment
of police officers pending certain investigations and hearings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "one bad
apple police bad behavior prevention law".
§ 2. Section 75 of the civil service law is amended by adding a new
subdivision 3-b to read as follows:
3-B. RE-ASSIGNMENT OF POLICE OFFICERS PENDING INVESTIGATION. (A) IF A
VIDEO OR OTHER EVIDENCE EXISTS IDENTIFYING A POLICE OR PEACE OFFICER
ENGAGING IN EGREGIOUS BEHAVIOR INCLUDING, BUT NOT LIMITED TO, POLICE
BRUTALITY, INTIMIDATION, RACIAL PROFILING, PLANTING OR FABRICATING
EVIDENCE, UNWARRANTED SEARCH AND SEIZURE, VIOLATING DEPARTMENT PROCE-
DURES, AND ABUSE OF AUTHORITY, THE COMMISSIONER OF POLICE, CHIEF OFFICER
OF THE DEPARTMENT OR ANY OFFICER SO AUTHORIZED TO EXECUTE SUCH AN ORDER
SHALL RELIEVE THE OFFICER OF SUCH OFFICER'S WEAPON AND BADGE, AND ASSIGN
THE OFFICER TO DESK DUTY PENDING THE INVESTIGATION OF AND HEARING AND
DETERMINATION OF CHARGES OF INCOMPETENCY OR MISCONDUCT.
(B) WHEN AN INCIDENT INVOLVING CONDUCT DESCRIBED IN PARAGRAPH (A) OF
THIS SUBDIVISION OCCURS, THE DEPARTMENT SHALL CONDUCT AN EXPEDITIOUS
PRELIMINARY INVESTIGATION TO DETERMINE WHETHER CHARGES OF INCOMPETENCY
OR MISCONDUCT SHOULD BE BROUGHT AGAINST THE OFFICER. IF THE PRELIMINARY
INVESTIGATION DETERMINES THAT CHARGES SHOULD NOT BE BROUGHT AGAINST THE
OFFICER, THE DEPARTMENT MAY RESTORE THE OFFICER TO FULL STATUS AND
RETURN SUCH OFFICER'S WEAPON AND BADGE. IF THE PRELIMINARY INVESTI-
GATION DETERMINES THAT CHARGES SHOULD BE BROUGHT AGAINST THE OFFICER,
THE INVESTIGATION AND HEARING OF CHARGES OF INCOMPETENCY OR MISCONDUCT
SHALL PROCEED AND THE DEPARTMENT SHALL NOT RESTORE THE OFFICER TO FULL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07115-01-5
A. 7244 2
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