Assembly Bill A10735

2019-2020 Legislative Session

Relates to the termination of law enforcement officer benefits for malfeasance or serious misconduct

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-A10735 (ACTIVE) - Details

See Senate Version of this Bill:
S8583
Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Add §108, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2021-2022: A7166, S2781
2023-2024: S1920

2019-A10735 (ACTIVE) - Summary

Provides that any officer terminated who was dismissed for malfeasance or serious misconduct or resigned or retired during an investigation relating to such malfeasance or serious misconduct shall not be entitled to receive any retirement or other benefit or payment of any kind.

2019-A10735 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10735
 
                           I N  A S S E M B L Y
 
                               July 8, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Richardson)
   -- read once and referred to the Committee on Governmental Employees
 
 AN ACT to amend the civil service law, in relation to the termination of
   law enforcement officer benefits for malfeasance or serious misconduct
 
   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
 108 to read as follows:
   § 108. TERMINATION OF BENEFITS; LAW ENFORCEMENT OFFICERS. 1.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW, ANY LAW ENFORCEMENT OFFICER THAT IS
 TERMINATED AND WHO (A) WAS DISMISSED FOR MALFEASANCE OR ANY OTHER  SERI-
 OUS  MISCONDUCT,  OR  (B)  RESIGNED  OR RETIRED FROM SUCH POSITION WHILE
 UNDER INVESTIGATION FOR SUCH MALFEASANCE OR  OTHER  SERIOUS  MISCONDUCT,
 SHALL  NOT  BE  ENTITLED  TO  RECEIVE ANY RETIREMENT OR OTHER BENEFIT OR
 PAYMENT OF ANY KIND.
   2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY LAW  ENFORCE-
 MENT  OFFICER  WHO IS EXONERATED OF EACH ALLEGATION AGAINST SUCH OFFICER
 OF SUCH MALFEASANCE OR OTHER SERIOUS MISCONDUCT.
   3. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "LAW  ENFORCEMENT  OFFICER"  MEANS A POLICE OFFICER AS DEFINED IN
 SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW;
   (B) "MALFEASANCE" MEANS THE COMMONLY APPROVED USAGE OF  "MALFEASANCE";
 AND
   (C)  "SERIOUS MISCONDUCT" MEANS IMPROPER OR ILLEGAL ACTIONS TAKEN BY A
 LAW ENFORCEMENT OFFICER  IN  CONNECTION  WITH  SUCH  OFFICER'S  OFFICIAL
 DUTIES  THAT COULD RESULT IN A MISCARRIAGE OF JUSTICE OR DISCRIMINATION,
 INCLUDING, BUT NOT LIMITED TO, (I) A CONVICTION OF A FELONY, (II) FABRI-
 CATION OF EVIDENCE, (III) REPEATED USE OF EXCESSIVE FORCE, (IV)  ACCEPT-
 ANCE OF A BRIBE, OR (V) THE COMMISSION OF FRAUD.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16717-01-0

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