Do you support this bill?

Assembly Bill A7425

2025-2026 Legislative Session

Relates to reducing a correction officer's pension to satisfy certain judgments

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

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

2025-A7425 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 §7, Constn

2025-A7425 (ACTIVE) - Summary

Relates to reducing a correction officer's pension to satisfy certain judgments from the death or hospitalization of an incarcerated individual; provides that a correction officer's pension may be reduced to no less than $20,000 to satisfy a judgment; provides that a court shall hold a hearing to determine the amount of the reduction.

2025-A7425 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7425
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 26, 2025
                                ___________
 
 Introduced  by M. of A. GIBBS -- read once and referred to the Committee
   on Governmental Employees
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to article 5 of the constitution, in relation  to
   reducing a correction officer's pension to satisfy certain judgments

   Section  1. Resolved (if the Senate concur), That section 7 of article
 5 of the constitution be amended by adding a new subdivision (e) to read
 as follows:
   (E) (I) NOTWITHSTANDING SUBDIVISION (A) OF THIS  SECTION,  THE  PUBLIC
 PENSION  OF  A  CORRECTION OFFICER, AS DEFINED IN PARAGRAPH (II) OF THIS
 SUBDIVISION, WHO IS FOUND LIABLE FOR THE DEATH OR HOSPITALIZATION OF  AN
 INCARCERATED  INDIVIDUAL, MAY BE REDUCED TO NO LESS THAN TWENTY THOUSAND
 DOLLARS TO SATISFY ANY JUDGMENT AGAINST SUCH CORRECTION OFFICER PRIOR TO
 THE PAYMENT OF ANY PUBLIC FUNDS, FOLLOWING NOTICE AND A  HEARING  BY  AN
 APPROPRIATE  COURT,  AS PROVIDED BY LAW. THE COURT DETERMINATION WHETHER
 TO REDUCE SUCH PENSION SHALL BE BASED ON THE  CONSIDERATION  OF  FACTORS
 INCLUDING  THE  SEVERITY  OF  SUCH  CORRECTION OFFICER'S ACTIONS AND THE
 PROPORTIONALITY OF A REDUCTION OF SUCH PENSION TO SUCH ACTIONS.  WHEN  A
 COURT  ISSUES  AN ORDER TO REDUCE SUCH PENSION, THE COURT SHALL CONSIDER
 AND DETERMINE SPECIFIC FINDINGS AS TO THE AMOUNT OF SUCH  REDUCTION,  IF
 ANY,  AND  WHETHER THE REDUCTION WOULD RESULT IN UNDUE HARDSHIP OR OTHER
 INEQUITY UPON ANY DEPENDENT CHILDREN, SPOUSE OR  OTHER  DEPENDENTS;  AND
 OTHER  FACTORS  AS  PROVIDED  BY LAW. THE LEGISLATURE SHALL ENACT LEGIS-
 LATION TO IMPLEMENT THIS AMENDMENT.
   (II) FOR THE PURPOSES OF PARAGRAPH (I) OF THIS SUBDIVISION,  THE  TERM
 "CORRECTION  OFFICER"  SHALL  MEAN  A  PERSON EMPLOYED BY THE STATE OR A
 POLITICAL SUBDIVISION THEREOF AND IS CHARGED WITH THE DUTY OF  MAINTAIN-
 ING  THE  CUSTODY  AND  SUPERVISION OF PERSONS DETAINED OR CONFINED IN A
 STATE OR LOCAL CORRECTIONAL FACILITY.
   (III) PARAGRAPH (I) OF THIS SUBDIVISION SHALL ONLY  APPLY  TO  ACTIONS
 FILED  ON  OR  AFTER  THE FIRST OF JANUARY NEXT SUCCEEDING THE DATE UPON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89110-01-5

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.