S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    763
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by M. of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY --
   read once and referred to the Committee on Governmental Employees
 
 AN ACT to amend chapter 753 of the  laws  of  1990  amending  the  civil
   service  law, relating to suspension of police officers pending deter-
   mination of charges; and to amend the civil service law,  in  relation
   to  suspension  of  New  York city police officers without pay pending
   determination of charges
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1 of chapter 753 of the laws of 1990 amending the
 civil service law, relating to suspension  of  police  officers  pending
 determination of charges, is amended to read as follows:
   Section 1. Notwithstanding any other provision of law to the contrary,
 police officers as defined in paragraph (d) of subdivision 34 of section
 1.20  of  the  criminal  procedure  law and as designated members of the
 police department of the city of New York pursuant to section 431 of the
 New York city charter, pending the determination of charges of  incompe-
 tency  or  misconduct may not be suspended for a period exceeding thirty
 days; PROVIDED, HOWEVER, THAT ANY  SUCH  POLICE  OFFICER  WHO  HAS  BEEN
 CHARGED  AND  INDICTED  FOR  A  CRIME  RESULTING IN DEATH OR INJURY TO A
 PERSON AS DEFINED IN SECTION 10.00 OF THE PENAL LAW MAY BE SUSPENDED FOR
 AN INDEFINITE PERIOD PENDING THE DETERMINATION OF THE  CRIMINAL  INDICT-
 MENT AND OTHER DEPARTMENTAL CHARGES OF INCOMPETENCY OR MISCONDUCT.
   §  2. Subdivision 3-a of section 75 of the civil service law, as added
 by chapter 753 of the laws of 1990, is amended to read as follows:
   3-a. Suspension pending determination of charges and penalties  relat-
 ing to police officers of the police department of the city of New York.
 Pending  the  hearing  and  determination  of charges of incompetency or
 misconduct, a police officer employed by the police  department  of  the
 city of New York may be suspended without pay for a period not exceeding
 thirty days; PROVIDED THAT SUCH OFFICER MAY BE SUSPENDED WITHOUT PAY FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06261-01-7

 A. 763                              2
 
 AN  INDEFINITE  PERIOD PENDING THE DETERMINATION OF A CHARGE OF INCOMPE-
 TENCY OR MISCONDUCT RESULTING IN DEATH OR  SERIOUS  PHYSICAL  INJURY  AS
 DEFINED  IN  SECTION  10.00  OF THE PENAL LAW.  If such officer is found
 guilty  of  the  charges, the police commissioner of such department may
 punish the police officer pursuant to the provisions of sections  14-115
 and 14-123 of the administrative code of the city of New York.
   § 3. If any item, clause, sentence, subparagraph, subdivision, section
 or  other  part of this act, or the application thereof to any person or
 circumstances shall be held  to  be  invalid,  such  holding  shall  not
 affect,  impair or invalidate the remainder of this act, or the applica-
 tion of such section or part of a section held  invalid,  to  any  other
 person  or  circumstances, but shall be confined in its operation to the
 item, clause, sentence, subparagraph, subdivision, section or other part
 of this act directly involved in such holding,  or  to  the  person  and
 circumstances therein involved.
   §  4.  This act shall take effect immediately and shall apply to cases
 pending or arising on or after such effective date.