Senate Bill S8884

2025-2026 Legislative Session

Directs the superintendent of state police develop a critical incident policy for members of the state police

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Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2026	referred to finance

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2025-S8884 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §214-j, Exec L

2025-S8884 (ACTIVE) - Summary

Requires the superintendent of state police to develop, maintain and disseminate to all members of the division of state police a critical incident leave policy requiring critical incident paid leave for any members directly involved in a critical incident; prohibits such superintendent from taking any punitive administrative action against any member of the division of state police granted critical incident leave solely on the basis of the provision of such leave.

2025-S8884 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8884

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the executive law, in relation to the development of a
critical incident policy for members of the division of state police

 
PURPOSE:

This bill would amend executive law to create a uniform policy for paid
leave for members of the state police directly involved in a critical
incident.

 
SUMMARY OF PROVISIONS:

Section 1 establishes a new section 214-j of the Executive Law titled
"critical incident policy" to require the Superintendent of State Police
to develop a policy that provides guaranteed paid leave to any member of
the Division directly involved in a critical incident. This section also
defines "critical incident" to mean any action taken by a member of the
Division of the State Police that results in the serious physical injury

or death of another person, provided such action was during the course
of the performance of the member's official duties. This section further
defines the term "critical incident paid leave" to provide either a
minimum of 20 days or 15 days of paid leave to any such member of the
Division dependent upon their level of involvement in such critical
incident. Finally, this section gives directions for the timing of the
critical incident paid leave for members dependent on their level of
involvement.

Section 2 establishes an effective date 120 days after the bill has
become law and requires that any rule or regulation necessary for the
implementation of the new law to be promulgated within such 120-day
period.

 
JUSTIFICATION:

Members of the State Police are charged with the mission of ensuring the
safety of New York's roadways, preventing and investigating crimes,
preparing for and responding to emergencies and disasters, and providing
support to other law enforcement agencies, when necessary, among many
other duties. An unfortunate, but realistic, part of the job of a New
York State Trooper is to use deadly physical force when a particular
situation necessitates the use of such force.  Members of the Division
of the State Police are highly trained to ensure that the use of such
force is justified when it must be utilized and realize that the safety
of our State's citizens is paramount, requiring critical actions that
could lead to death or serious injury. Moreover, they are willing to
place their own safety and security in secondary status in relation to
the protection of all New Yorkers.

Notwithstanding the above, New York State Police Officers are, first and
foremost, human beings who are forced to deal with the consequences of
their actions. Even in when justified in utilizing deadly physical
force, State Police Officers can struggle, both physically and mentally,
with the decisions that they are required to make to uphold their sworn
duties as police officers. These dedicated public servants deserve the
opportunity to take leave following a critical incident so that they can
fully address any issues that may result following such an event. Howev-
er, under current law there is no guaranteed opportunity for leave. As
such, State Police Officers who have been forced to use deadly physical
force can be sent back on the road within a day or two, creating an
untenable situation for these dedicated law enforcement officers and the
communities they serve. This legislation simply ensures that the State
provides minimal, but necessary protection and relief to our State
Police Officers who valiantly serve the people of the State of New York.

 
LEGISLATIVE HISTORY:

2025: S.26815 Vetoed

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:  2025: S.26815 Vetoed This act shall take effect 120
days after it shall have become a law, except that any rule or regu-
lation necessary for the timely implementation of this act on its effec-
tive date shall be promulgated on or before such date.

2025-S8884 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8884
 
                             I N  S E N A T E
 
                             January 13, 2026
                                ___________
 
 Introduced  by  Sens. COONEY, BAILEY, BYNOE, FERNANDEZ, GALLIVAN, HARCK-
   HAM,  HINCHEY,  JACKSON,  MARTINEZ,  MAY,  MAYER,  ROLISON,   C. RYAN,
   SANDERS, SCARCELLA-SPANTON, SKOUFIS, WALCZYK -- read twice and ordered
   printed, and when printed to be committed to the Committee on Finance
 
 AN  ACT  to amend the executive law, in relation to the development of a
   critical incident policy for members of the division of state police
 
   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 214-j
 to read as follows:
   §  214-J. CRITICAL INCIDENT POLICY. 1. THE SUPERINTENDENT SHALL DEVEL-
 OP, MAINTAIN AND DISSEMINATE TO ALL MEMBERS OF  THE  DIVISION  OF  STATE
 POLICE A CRITICAL INCIDENT LEAVE POLICY REQUIRING CRITICAL INCIDENT PAID
 LEAVE  FOR ANY MEMBERS OF THE DIVISION OF STATE POLICE DIRECTLY INVOLVED
 IN A CRITICAL INCIDENT.
   2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  THE  TERM  "CRITICAL  INCIDENT"  SHALL MEAN ANY ACTION TAKEN BY A
 MEMBER OF THE DIVISION OF STATE POLICE DURING THE COURSE OF THE PERFORM-
 ANCE OF THEIR OFFICIAL DUTIES RESULTING IN THE SERIOUS  PHYSICAL  INJURY
 OR DEATH OF ANOTHER PERSON WHERE THE USE OF FORCE WAS JUSTIFIED; AND
   (B)  THE  TERM "CRITICAL INCIDENT PAID LEAVE" SHALL MEAN PAID LEAVE OF
 AT LEAST TWENTY CALENDAR DAYS FOR ANY MEMBER OF THE  DIVISION  OF  STATE
 POLICE WHOSE OFFICIAL ACTIONS WERE THE DIRECT AND PROXIMATE CAUSE OF THE
 SERIOUS  PHYSICAL  INJURY  OR DEATH OF ANOTHER PERSON, AND PAID LEAVE OF
 FIFTEEN CALENDAR DAYS FOR ANY MEMBER OF THE  DIVISION  OF  STATE  POLICE
 WHO,  ALTHOUGH  DIRECTLY  INVOLVED  IN  A CRITICAL INCIDENT, WAS NOT THE
 DIRECT AND PROXIMATE CAUSE OF THE SERIOUS PHYSICAL INJURY  OR  DEATH  OF
 ANOTHER PERSON.
   3.  CRITICAL INCIDENT PAID LEAVE SHALL BEGIN AS SOON AS POSSIBLE AFTER
 THE CRITICAL INCIDENT, PROVIDED HOWEVER,  THAT  THE  SUPERINTENDENT  MAY
 DELAY  SUCH  LEAVE  FOR MEMBERS WHO WERE DIRECTLY INVOLVED IN A CRITICAL
 INCIDENT BUT WERE NOT THE DIRECT AND  PROXIMATE  CAUSE  OF  THE  SERIOUS
 INJURY  OR  DEATH. CRITICAL INCIDENT LEAVE MAY ONLY BE DELAYED TO ENSURE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06346-06-6
 S. 8884                             2
 
 MINIMUM NECESSARY STAFFING LEVELS OR PROTECT  COMMUNITY  SAFETY.  DELAYS
 MAY ONLY BE AS LONG AS NECESSARY TO ADDRESS SUCH CONCERNS.
   4.  IN  ANY CASE WHERE CRITICAL INCIDENT PAID LEAVE HAS BEEN MADE TO A
 MEMBER OF THE DIVISION OF THE STATE POLICE, AND IT IS THEREAFTER  DETER-
 MINED  THAT  A  CRITICAL  INCIDENT DID NOT OCCUR, THE SUPERINTENDENT MAY
 ORDER THE WITHHOLDING OF FUTURE PAID LEAVE TO SUCH MEMBER, PROVIDED THAT
 THE AMOUNT OF DAYS WITHHELD SHALL NOT BE MORE THAN THE CRITICAL INCIDENT
 PAID LEAVE DAYS THAT WERE ORIGINALLY PROVIDED.
   5. THE SUPERINTENDENT SHALL BE PROHIBITED  FROM  TAKING  ANY  PUNITIVE
 ADMINISTRATIVE ACTION AGAINST ANY MEMBER OF THE DIVISION OF STATE POLICE
 GRANTED  CRITICAL  INCIDENT LEAVE UNDER THIS SECTION SOLELY ON THE BASIS
 OF THE PROVISION OF SUCH LEAVE.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S8884

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Actions

co-Sponsors

2025-S8884 (ACTIVE) - Details

2025-S8884 (ACTIVE) - Summary

2025-S8884 (ACTIVE) - Sponsor Memo

2025-S8884 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Actions

co-Sponsors

2025-S8884 (ACTIVE) - Details

2025-S8884 (ACTIVE) - Summary

2025-S8884 (ACTIVE) - Sponsor Memo

2025-S8884 (ACTIVE) - Bill Text download pdf

Comments