Senate Bill S10735

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10735
 
                             I N  S E N A T E
 
                             November 9, 2026
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to requiring the attorney
   general's law enforcement  misconduct  investigation  office  identify
   employees  and  officers  with a practice or pattern of misconduct and
   requires a review of such employees' and officers' cases

   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 "Pattern
 Misconduct Case Review Act".
   § 2. Paragraph (b) of subdivision 5 of section  75  of  the  executive
 law,  as added by chapter 104 of the laws of 2020, is amended to read as
 follows:
   (b) (I) Upon receiving at least five  complaints  from  five  or  more
 individuals  relating  to  at  least five separate incidents involving a
 certain officer or employee within two years, the head  of  any  covered
 agency  shall  refer  such  complaints to the law enforcement misconduct
 investigative office for review. The law enforcement misconduct investi-
 gative office shall investigate such complaints to determine whether the
 subject officer or employee has engaged in  a  pattern  or  practice  of
 misconduct, use of excessive force, or acts of dishonesty.  The referral
 and  investigation  pursuant to this subdivision shall be in addition to
 and shall not supersede any civil,  criminal,  administrative  or  other
 action  or proceeding relating to such complaints or the subject officer
 or employee.
   (II) UPON DETERMINING THAT AN OFFICER OR EMPLOYEE  HAS  ENGAGED  IN  A
 PATTERN  OR  PRACTICE  OF MISCONDUCT, USE OF EXCESSIVE FORCE, OR ACTS OF
 DISHONESTY, THE LAW ENFORCEMENT MISCONDUCT  INVESTIGATIVE  OFFICE  SHALL
 PROVIDE  ITS  FINDINGS  TO EACH DISTRICT ATTORNEY WHOSE JURISDICTION MAY
 INCLUDE A MISDEMEANOR CRIMINAL ACTION, PROCEEDING OR CONVICTION IN WHICH
 SUCH OFFICER OR EMPLOYEE  MATERIALLY  PARTICIPATED.  WITHIN  SIXTY  DAYS
 AFTER  RECEIVING  SUCH  FINDINGS  OR  A QUALIFYING REQUEST, THE DISTRICT
 ATTORNEY SHALL CONDUCT  AN  INDIVIDUALIZED  REVIEW  OF  EACH  IDENTIFIED
 MISDEMEANOR  MATTER,  DISCLOSE  RELEVANT  FINDINGS  TO  THE DEFENDANT OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16365-01-6
 S. 10735                            2
 
 DEFENSE COUNSEL WHERE REQUIRED OR LEGALLY PERMISSIBLE, AND ISSUE A WRIT-
 TEN DETERMINATION STATING WHETHER DISMISSAL,  MODIFICATION,  CONSENT  TO
 VACATUR, FURTHER INVESTIGATION OR NO FURTHER ACTION IS WARRANTED.
   (III) WITHIN SIXTY DAYS AFTER ISSUING SUCH DETERMINATION, THE DISTRICT
 ATTORNEY SHALL TRANSMIT THE DETERMINATION TO THE LAW ENFORCEMENT MISCON-
 DUCT  INVESTIGATIVE OFFICE FOR PUBLICATION ON ITS WEBSITE AND SHALL MAKE
 THE DETERMINATION AVAILABLE TO THE AFFECTED DEFENDANT AND DEFENSE  COUN-
 SEL  THROUGH  ANY  APPLICABLE  DEFENSE  OR  DISCOVERY PORTAL, SUBJECT TO
 REDACTION OR WITHHOLDING AS REQUIRED BY LAW.
   (IV) NOTHING IN THIS PARAGRAPH SHALL REQUIRE THE  AUTOMATIC  DISMISSAL
 OR  VACATUR OF ANY CHARGE OR CONVICTION, LIMIT THE AUTHORITY OF A COURT,
 OR DIMINISH ANY RIGHT OR REMEDY OTHERWISE AVAILABLE UNDER LAW.
   § 3. This act shall take effect immediately.