Assembly Bill A826

2011-2012 Legislative Session

Sets internal investigative standards and practices for police officers with respect to matters of police conduct

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Archive: Last Bill Status - In Assembly 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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2011-A826 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Add ยง204-b, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2346
2013-2014: A97
2015-2016: A1504
2017-2018: A1010
2019-2020: A2597

2011-A826 (ACTIVE) - Summary

Sets internal investigative standards and practices for police officers with respect to matters of police conduct; supersedes contrary provisions of law or collective bargaining agreements.

2011-A826 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   826

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Governmental Employees

AN ACT to amend the civil service law, in relation to internal  investi-
  gative standards and practices for police officers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil service law is amended by adding  a  new  section
204-b to read as follows:
  S  204-B.  INTERNAL  INVESTIGATIVE  STANDARDS AND PRACTICES FOR POLICE
OFFICERS. 1. THE LEGISLATURE HEREBY FINDS AND DECLARES THAT THE  CONDUCT
AND  COMPETENCE  OF  POLICE  OFFICERS ARE MATTERS OF VITAL IMPORTANCE TO
PUBLIC SAFETY AND WELFARE AND  TO  THE  MAINTENANCE  OF  CIVIL  SOCIETY.
THESE MATTERS ARE EFFECTED WITH THE HIGHEST PUBLIC INTEREST.
  2.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF LAW, THE FOLLOWING
PROCEDURES SHALL APPLY TO INVESTIGATIONS OF  THE  CONDUCT  OF  A  POLICE
OFFICER  BY ANY POLICE AGENCY, NOTWITHSTANDING ANY CONTRARY PROVISION OF
ANY COLLECTIVE BARGAINING AGREEMENT. ANY COLLECTIVE BARGAINING AGREEMENT
OR PORTION THEREOF INCONSISTENT WITH THE PROVISIONS OF THIS  SECTION  IS
HEREBY DECLARED TO BE VOID AS AGAINST PUBLIC POLICY.
  3.  ANY  INVESTIGATION  INTO  THE CONDUCT OF A POLICE OFFICER SHALL BE
CONDUCTED AS FOLLOWS:
  (A) QUESTIONING AND INVESTIGATION OF  OFFICERS  SHALL  COMMENCE  IMME-
DIATELY UPON THE OCCURRENCE OF CAUSE THEREFOR;
  (B)  WHENEVER  MORE  THAN  ONE  OFFICER IS TO BE INVESTIGATED OR QUES-
TIONED, ALL OF THE INVOLVED OFFICERS SHALL BE QUESTIONED SEPARATELY;
  (C) NO PRELIMINARY OR UNOFFICIAL STATEMENTS SHALL BE TAKEN;
  (D) ALL STATEMENTS SHALL BE RECORDED  VERBATIM; AND
  (E) QUESTIONING  AND  INVESTIGATION  OF  NON-OFFICER  WITNESSES  SHALL
COMMENCE IMMEDIATELY UPON THE OCCURRENCE OF CAUSE THEREFOR.
  S 2. This act shall take effect immediately.

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

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