S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10257
 
                           I N  A S S E M B L Y
 
                              March 27, 2018
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to creating the New  York
   state civilian complaint review board
 
   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 article 43 to
 read as follows:
                                ARTICLE 43
               NEW YORK STATE CIVILIAN COMPLAINT REVIEW BOARD
 SECTION 930. NEW YORK STATE CIVILIAN COMPLAINT REVIEW BOARD.
   § 930. NEW YORK STATE CIVILIAN COMPLAINT REVIEW BOARD. 1.  LEGISLATIVE
 INTENT. IT IS IN THE INTEREST OF THE PEOPLE OF THE STATE OF NEW YORK AND
 POLICE  DEPARTMENTS  AND  PEACE  OFFICERS  THROUGHOUT THE STATE THAT THE
 INVESTIGATION OF COMPLAINTS CONCERNING MISCONDUCT  BY  OFFICERS  TOWARDS
 MEMBERS  OF  THE  PUBLIC  BE  COMPLETE,  THOROUGH  AND  IMPARTIAL. THESE
 INQUIRIES MUST BE CONDUCTED FAIRLY AND INDEPENDENTLY, AND IN A MANNER IN
 WHICH THE PUBLIC AND THE POLICE HAVE CONFIDENCE. AN INDEPENDENT CIVILIAN
 COMPLAINT REVIEW BOARD IS HEREBY ESTABLISHED AS A BODY COMPRISED  SOLELY
 OF  MEMBERS  OF THE PUBLIC WITH THE AUTHORITY TO INVESTIGATE ALLEGATIONS
 OF MISCONDUCT AS PROVIDED IN THIS SECTION.
   2. DEFINITIONS. (A) AS USED IN THIS SECTION, THE TERM "OFFICER"  SHALL
 MEAN "POLICE OFFICERS" AS DEFINED IN PARAGRAPHS (A), (E), (F), (H), (J),
 (K),  (L),  (M),  (P),  (Q),  (S), AND (V) OF SUBDIVISION THIRTY-FOUR OF
 SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW  AND  "PEACE  OFFICERS"  AS
 DEFINED IN SUBDIVISIONS THREE, FOUR, FIVE, SIX, EIGHT, TWELVE, THIRTEEN,
 FIFTEEN,  SIXTEEN, TWENTY, TWENTY-ONE, TWENTY-TWO, TWENTY-THREE, TWENTY-
 FOUR, TWENTY-FIVE, TWENTY-SIX,  TWENTY-SEVEN,  TWENTY-NINE,  THIRTY-TWO,
 THIRTY-THREE, THIRTY-FOUR, THIRTY-FIVE, THIRTY-SIX, THIRTY-EIGHT, FORTY,
 FORTY-FIVE,  FORTY-SIX,  FORTY-SEVEN,  FIFTY-TWO, FIFTY-NINE, SIXTY-ONE,
 SIXTY-TWO, SIXTY-EIGHT, SEVENTY-FOUR, SEVENTY-NINE,  AND  EIGHTY-TWO  OF
 SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW.
   (B)  AS  USED  IN  THIS  SECTION "BOARD" SHALL MEAN THE NEW YORK STATE
 CIVILIAN COMPLAINT REVIEW BOARD.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD08502-01-7

 A. 10257                            2

   (C) AS USED IN THIS SECTION, "INVESTIGATOR" SHALL MEAN AN INVESTIGATOR
 AS APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION  THREE  OF
 THIS SECTION.
   3.  APPOINTMENTS.  (A) THE BOARD SHALL CONSIST OF NINE MEMBERS; THREE,
 INCLUDING THE CHAIR, AS SELECTED BY THE GOVERNOR; AND SIX MEMBERS TO  BE
 APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATIONS, RESPECTIVELY, OF THE
 ATTORNEY  GENERAL,  THE  COMPTROLLER,  THE  TEMPORARY  PRESIDENT  OF THE
 SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY,
 AND  THE MINORITY LEADER OF THE ASSEMBLY. ANY VACANCY IN THE BOARD SHALL
 BE FILLED FOR THE UNEXPIRED TERM IN THE  SAME  MANNER  AS  THE  ORIGINAL
 APPOINTMENT.
   (B)  NO  MEMBER  OF  THE  BOARD  SHALL HOLD ANY OTHER PUBLIC OFFICE OR
 EMPLOYMENT. NO MEMBERS SHALL HAVE EXPERIENCE AS LAW ENFORCEMENT  PROFES-
 SIONALS.  FOR THE PURPOSES OF THIS SECTION, EXPERIENCE AS A LAW ENFORCE-
 MENT PROFESSIONAL SHALL INCLUDE EXPERIENCE AS A  PEACE  OFFICER,  POLICE
 OFFICER, CRIMINAL INVESTIGATOR, SPECIAL AGENT, OR A MANAGERIAL OR SUPER-
 VISORY  EMPLOYEE  WHO  EXERCISED  SUBSTANTIAL  POLICY  DISCRETION ON LAW
 ENFORCEMENT MATTERS, IN A FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT AGEN-
 CY, OTHER THAN EXPERIENCE AS AN ATTORNEY IN A PROSECUTORIAL AGENCY.
   (C) THE MEMBERS OF THE BOARD SHALL BE APPOINTED  FOR  TERMS  OF  THREE
 YEARS.
   (D)  EACH  MEMBER  OF THE BOARD SHALL BE ENTITLED TO REIMBURSEMENT FOR
 HIS OR HER ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE  OF
 HIS OR HER OFFICIAL DUTIES AND A PER DIEM ALLOWANCE OF ONE HUNDRED FIFTY
 DOLLARS  WHEN RENDERING SERVICE AS A MEMBER; PROVIDED THAT THE AGGREGATE
 OF SUCH PER DIEM ALLOWANCE TO ANY ONE MEMBER IN ANY ONE FISCAL  YEAR  OF
 THE BOARD SHALL NOT EXCEED THE SUM OF FIVE THOUSAND DOLLARS.
   4.  POWERS  AND  DUTIES  OF  THE BOARD. (A) THE BOARD SHALL APPOINT AN
 EXECUTIVE DIRECTOR WHO SHALL ACT IN ACCORDANCE WITH THE POLICIES OF  THE
 BOARD.
   (B) THE BOARD IS AUTHORIZED, WITHIN APPROPRIATIONS AVAILABLE THEREFOR,
 TO  APPOINT  SUCH  EMPLOYEES AS ARE NECESSARY TO EXERCISE ITS POWERS AND
 FULFILL ITS DUTIES. THE BOARD SHALL APPOINT INVESTIGATORS TO INVESTIGATE
 CIVILIAN COMPLAINTS. SUCH INVESTIGATORS SHALL HAVE INVESTIGATIVE EXPERI-
 ENCE AS A CONDITION OF THEIR APPOINTMENT BY THE BOARD.
   (C) THE BOARD SHALL HAVE THE POWER TO ADOPT, AMEND AND  RESCIND  RULES
 AND  REGULATIONS  TO  GOVERN  PROCEDURES OF THE BOARD IN ACCORDANCE WITH
 THIS SECTION.
   (D) THE BOARD SHALL HAVE THE POWER TO SUBPOENA AND REQUIRE THE ATTEND-
 ANCE IN THIS STATE OF WITNESSES AND THE PRODUCTION OF BOOKS  AND  PAPERS
 PERTINENT  TO  THE  INVESTIGATION AND INQUIRIES HEREBY AUTHORIZED AND TO
 EXAMINE THEM AND SUCH PUBLIC RECORDS AS IT SHALL REQUIRE RELATING TO ANY
 SUCH MATTER. A SUBPOENA ISSUED PURSUANT TO THIS ACTION  SHALL  BE  REGU-
 LATED BY THE CIVIL PRACTICE LAW AND RULES.
   (E)  THE  BOARD  MAY  ALSO OFFER, BUT MAY NOT REQUIRE, MEDIATION BY AN
 EXPERIENCED MEDIATOR BETWEEN A COMPLAINANT AND A SUBJECT OFFICER  AS  AN
 ALTERNATIVE  TO INVESTIGATION AND DISCIPLINE. THE BOARD SHALL SET GUIDE-
 LINES TO DETERMINE CASES APPROPRIATE FOR MEDIATION.
   5. COMPLAINT REVIEW PROCEDURE. (A) COMPLAINTS MAY BE INITIATED BY  ANY
 PERSON  WHETHER  OR  NOT THAT PERSON IS A VICTIM OF, OR A WITNESS TO, AN
 INCIDENT ALLEGING THE USE OF EXCESSIVE FORCE OR ABUSE  OF  AUTHORITY.  A
 COMPLAINT MAY ALSO BE INITIATED BY THE BOARD, UPON A MAJORITY VOTE THER-
 EOF,  IF  THE  BOARD DETERMINES THAT THERE IS A CLEAR PUBLIC INTEREST IN
 DOING SO.
   (B) THE BOARD MUST TAKE REASONABLE MEASURES TO  ENSURE  THE  CONFIDEN-
 TIALITY OF ALL COMPLAINANTS.

 A. 10257                            3
 
   (C) ALL COMPLAINTS, OTHER THAN THOSE IN WHICH BOTH THE COMPLAINANT AND
 THE SUBJECT OFFICER AGREE TO MEDIATION, SHALL BE ASSIGNED TO AN INVESTI-
 GATOR,  WHO  SHALL  TAKE  SUCH STEPS AS ARE NECESSARY TO INVESTIGATE THE
 COMPLAINT, INCLUDING OBTAINING A STATEMENT FROM THE COMPLAINANT, WITNESS
 STATEMENTS,  DOCUMENTARY EVIDENCE, AND INTERVIEWS WITH SUBJECT OFFICERS.
 WHEN THE INVESTIGATION IS COMPLETE, IT SHALL BE FORWARDED TO THE  BOARD,
 OR  A  PANEL  CONSISTING  OF  AT LEAST THREE MEMBERS OF THE BOARD, WHICH
 SHALL READ THE CASE, REVIEW ALL OF THE EVIDENCE AND VOTE ON THE DISPOSI-
 TION OF EACH ALLEGATION RAISED BY THE COMPLAINT.
   (D) THE BOARD'S VOTE ON EACH ALLEGATION BROUGHT BEFORE IT SHALL RESULT
 IN ONE OF THE FOLLOWING DISPOSITIONS:
   (I)  SUBSTANTIATED;  A  FINDING  THAT  THERE  IS  SUFFICIENT  CREDIBLE
 EVIDENCE  TO  BELIEVE THAT THE SUBJECT OFFICER COMMITTED THE ACT CHARGED
 IN THE ALLEGATION CONSTITUTING MISCONDUCT;
   (II) EXONERATED; A FINDING THAT THE SUBJECT OFFICER WAS FOUND TO  HAVE
 COMMITTED THE ACT ALLEGED, BUT THE SUBJECT OFFICER'S ACTIONS WERE DETER-
 MINED TO BE LAWFUL AND PROPER;
   (III)  UNFOUNDED; A FINDING THAT THERE IS SUFFICIENT CREDIBLE EVIDENCE
 TO BELIEVE THAT THE SUBJECT OFFICER DID NOT COMMIT THE  ALLEGED  ACT  OF
 MISCONDUCT;
   (IV)  UNSUBSTANTIATED;  A  FINDING  THAT  THE  WEIGHT OF THE AVAILABLE
 EVIDENCE IS INSUFFICIENT TO SUBSTANTIATE, EXONERATE OR UNFOUND THE ALLE-
 GATION;
   (V) OFFICER OR OFFICERS UNIDENTIFIED; A FINDING  THAT  THE  BOARD  WAS
 UNABLE TO IDENTIFY THE SUBJECT OR SUBJECTS OF THE ALLEGED MISCONDUCT; OR
   (VI) MISCELLANEOUS; A FINDING THAT THE SUBJECT OF THE ALLEGATION IS NO
 LONGER AN OFFICER.
   (E)  IF  ANY  OF  THE  ALLEGATIONS  ARE SUBSTANTIATED, THE BOARD SHALL
 FORWARD THE CASE TO THE SUBJECT OFFICER'S EMPLOYER, AND MAY RECOMMEND TO
 THE EMPLOYER APPROPRIATE DISCIPLINARY ACTION. IF, WITHIN THIRTY DAYS  OF
 A  CASE  BEING FORWARDED FOR DISCIPLINE, NO DISCIPLINARY ACTION IS TAKEN
 BY AN OFFICER'S EMPLOYER WITH RESPECT TO THE  SUBSTANTIATED  ALLEGATIONS
 OF MISCONDUCT, THE BOARD SHALL FORWARD THE CASE TO THE DISTRICT ATTORNEY
 FOR THE JURISDICTION IN WHICH THE MISCONDUCT OCCURRED.
   (F)  EXCEPT  IN EXTENUATING CIRCUMSTANCES, ALL INVESTIGATIONS SHALL BE
 COMPLETED WITHIN SIX MONTHS OF THE DATE WHEN THE  COMPLAINT  WAS  INITI-
 ATED.
   § 2. This act shall take effect immediately.