Assembly Bill A10647

2019-2020 Legislative Session

Relates to the re-assignment of police officers pending certain investigations and hearings

download bill text pdf

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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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2019-A10647 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd §75, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1617
2023-2024: A6457

2019-A10647 (ACTIVE) - Summary

Relates to the re-assignment of police officers pending certain investigations of incompetency or misconduct involving egregious behavior including, but not limited to, police brutality, intimidation, racial profiling, planting or fabricating evidence, unwarranted search and seizure, violating department procedures, and abuse of authority, and provides for an expeditious investigation of such incidents.

2019-A10647 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10647
 
                           I N  A S S E M B L Y
 
                               June 17, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Perry) --
   read once and referred to the Committee on Governmental Employees
 
 AN ACT to amend the civil service law, in relation to the  re-assignment
   of police officers pending certain investigations and hearings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as  the  "one  bad
 apple police bad behavior prevention law".
   §  2.  Section  75 of the civil service law is amended by adding a new
 subdivision 3-b to read as follows:
   3-B. RE-ASSIGNMENT OF POLICE OFFICERS PENDING INVESTIGATION. (A) IF  A
 VIDEO  OR  OTHER  EVIDENCE  EXISTS IDENTIFYING A POLICE OR PEACE OFFICER
 ENGAGING IN EGREGIOUS BEHAVIOR INCLUDING, BUT  NOT  LIMITED  TO,  POLICE
 BRUTALITY,  INTIMIDATION,  RACIAL  PROFILING,  PLANTING  OR  FABRICATING
 EVIDENCE, UNWARRANTED SEARCH AND SEIZURE,  VIOLATING  DEPARTMENT  PROCE-
 DURES, AND ABUSE OF AUTHORITY, THE COMMISSIONER OF POLICE, CHIEF OFFICER
 OF  THE DEPARTMENT OR ANY OFFICER SO AUTHORIZED TO EXECUTE SUCH AN ORDER
 SHALL RELIEVE THE OFFICER OF HIS OR HER WEAPON AND BADGE, AND ASSIGN THE
 OFFICER TO DESK DUTY PENDING THE INVESTIGATION OF AND HEARING AND DETER-
 MINATION OF CHARGES OF INCOMPETENCY OR MISCONDUCT.
   (B) WHEN AN INCIDENT INVOLVING CONDUCT DESCRIBED IN PARAGRAPH  (A)  OF
 THIS  SUBDIVISION  OCCURS,  THE  DEPARTMENT SHALL CONDUCT AN EXPEDITIOUS
 PRELIMINARY INVESTIGATION TO DETERMINE WHETHER CHARGES  OF  INCOMPETENCY
 OR  MISCONDUCT SHOULD BE BROUGHT AGAINST THE OFFICER. IF THE PRELIMINARY
 INVESTIGATION DETERMINES THAT CHARGES SHOULD NOT BE BROUGHT AGAINST  THE
 OFFICER,  THE  DEPARTMENT  MAY  RESTORE  THE  OFFICER TO FULL STATUS AND
 RETURN HIS OR HER WEAPON AND BADGE.   IF THE  PRELIMINARY  INVESTIGATION
 DETERMINES  THAT  CHARGES  SHOULD  BE  BROUGHT  AGAINST THE OFFICER, THE
 INVESTIGATION AND HEARING OF CHARGES OF INCOMPETENCY OR MISCONDUCT SHALL
 PROCEED AND THE DEPARTMENT SHALL NOT RESTORE THE OFFICER TO FULL  STATUS
 NOR  RETURN  HIS OR HER WEAPON AND BADGE UNTIL A DETERMINATION REGARDING
 CHARGES OF INCOMPETENCY OR MISCONDUCT HAS BEEN MADE.
   § 3. This act shall take effect immediately and shall apply  to  cases
 pending or arising on or after such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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