Senate Bill S6771

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6771
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2025
                                ___________
 
 Introduced   by  Sens.  JACKSON,  FAHY,  HOYLMAN-SIGAL,  RAMOS,  RIVERA,
   SEPULVEDA -- read twice and ordered printed, and when  printed  to  be
   committed to the Committee on Codes
 
 AN ACT to amend the executive law, in relation to law enforcement inter-
   vention against police misconduct

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  837-y
 to read as follows:
   §  837-Y.  LAW ENFORCEMENT INTERVENTION AGAINST POLICE MISCONDUCT.  1.
 DEFINITIONS. WHEN USED IN THIS SECTION, AND UNLESS THE SPECIFIC  CONTEXT
 INDICATES  OTHERWISE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   (A) "POLICE MISCONDUCT" MEANS CONDUCT BY A LAW ENFORCEMENT OFFICER  IN
 THE  COURSE  OF  AN ARREST OR OTHERWISE IN THE OFFICIAL CAPACITY OF SUCH
 LAW ENFORCEMENT OFFICER THAT IS:
   (I) EXCESSIVE, FORCEFUL, OR VIOLENT AND THAT IS  NOT  JUSTIFIED  UNDER
 SECTION 35.30 OF THE PENAL LAW;
   (II) A FALSE ARREST;
   (III) SEXUAL MISCONDUCT; OR
   (IV) WITNESS TAMPERING.
   (B) A "LAW ENFORCEMENT EMPLOYEE" MEANS:
   (I) ANY EMPLOYEE OF THE STATE POLICE DEPARTMENT, AS DEFINED IN SECTION
 TWO HUNDRED TWENTY-THREE OF THIS CHAPTER;
   (II) ANY EMPLOYEE OF A COUNTY SHERIFF'S DEPARTMENT; OR
   (III)  ANY  EMPLOYEE  OF  A  CITY, TOWN, VILLAGE, UNIVERSITY, PARK, OR
 PUBLIC AUTHORITY'S POLICE DEPARTMENT.
   2. IMMUNITY FROM LIABILITY AND PROFESSIONAL RETALIATION AGAINST A  LAW
 ENFORCEMENT EMPLOYEE WHO INTERVENES AGAINST POLICE MISCONDUCT.
   (A)  ANY LAW ENFORCEMENT EMPLOYEE WHO IN GOOD FAITH INTERVENES AGAINST
 POLICE MISCONDUCT IN COMPLIANCE WITH THIS ARTICLE  SHALL  HAVE  IMMUNITY

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06303-01-5
              

 S. 6771                             2
 
 FROM  ANY  LIABILITY,  CIVIL OR CRIMINAL, THAT MIGHT OTHERWISE RESULT BY
 REASON OF SUCH ACTIONS.
   (B)  A LAW ENFORCEMENT AGENCY SHALL NOT TAKE ANY RETALIATORY PERSONNEL
 ACTION, AS SUCH TERM IS DEFINED IN PARAGRAPH (E) OF SUBDIVISION  ONE  OF
 SECTION  SEVEN HUNDRED FORTY OF THE LABOR LAW, AGAINST A LAW ENFORCEMENT
 EMPLOYEE BECAUSE SUCH EMPLOYEE BELIEVES THAT SUCH EMPLOYEE  HAD  REASON-
 ABLE CAUSE TO INTERVENE AGAINST POLICE MISCONDUCT AND INTERVENED AGAINST
 SUCH POLICE MISCONDUCT.
   § 2. This act shall take effect immediately.