NY State Senate Bill 2019-S8510

Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2020	referred to rules

co-Sponsors

2019-S8510 (ACTIVE) - Details

See Assembly Version of this Bill:: A10580
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Add §845-e, Exec L; amd §50-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3886, A2479
2023-2024: S2326, A2630

2019-S8510 (ACTIVE) - Summary

Relates to police officer and peace officer hiring and transfers and requires police agencies review any possible internal files of police misconduct and complaints as well as pending criminal charges before hiring or allowing for a transfer.

2019-S8510 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8510

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the executive law and the civil rights law, in relation
to police officer and peace officer hiring and transfers

 
PURPOSE:

Relates to police officer and peace officer hiring and transfers in New
York State

 
SUMMARY OF PROVISIONS:

Section one amends the executive law by adding a new section 845 which
lay out mandates relating to police officer and peace officer hiring and
transfers

Section two amends subdivision 1 of section 50-a of the civil rights
law, as amended by chapter 516 of the laws of 2014 to allow for the use

of personnel records used to evaluate performance toward continued
employment or promotion upon request from a police agency or department
of the state or any political subdivision, including authorities or
agencies maintaining police forces of individuals defined as police
officers in section 1.20 of the criminal procedure law which is required
to review such personnel records under section eight hundred
forty-five-e of the executive law.

Section three sets the effective date.

 
JUSTIFICATION:

Time and time again, we have been faced with some of the worst crimes,
with some of them being committed by the people who have sworn to
protect and serve within our communities. The behaviors of certain
police officers are becoming more and more unacceptable. There has been
a longstanding history of racial bias in policing not only in New York
State but across the United States and the continuous perpetrations of
these injustices have caused deep racial disparities throughout our
State.

As a result of this, public trust is badly damaged between law enforce-
ment and many of the communities they serve, particularly communities of
color. Our communities cannot fully trust law enforcement officers or
feel safe if they are uncertain whether an officer with whom they inter-
act had a prior history of significant misconduct or abuse.

Furthermore, a lack of transparency and coordination among law enforce-
ment agencies, opposition from police executives and unions, and an
absence of federal guidance have meant that in most cases than not,
police departments do-not know the background of prospective officers
who are either enrolling as recruits or transferring from a different
police department within the state or from out of state due to their
failure to disclose a troubled work history.

With the continued fatal police shootings of unarmed African-Americans
and the sometimes violent protests that have engulfed our nation, in our
attempt to implement police reforms, it is imperative to include in
these reforms ways to ensure that police officers who are unable to
uphold their oath of office has no place on any police force. We need to
stop putting individuals who do not uphold their oath of office to serve
and protect our communities in positions of power. It is important that
we put our foot down and saying more. How many more people have to get
hurt or die to make the change necessary to see positive progress within
our communities?

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8510 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8510
 
                             I N  S E N A T E
 
                               June 6, 2020
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law and the civil rights law, in  relation
   to police officer and peace officer hiring and transfers
 
   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 section  845-e
 to read as follows:
   §  845-E.  POLICE  OFFICER AND PEACE OFFICER HIRING AND TRANSFERS.  1.
 POLICE AGENCIES SHALL THOROUGHLY EXAMINE ANY POSSIBLE INTERNAL FILES  OF
 POLICE  MISCONDUCT  AND COMPLAINTS BEFORE RECRUITING A POLICE OFFICER OR
 PEACE OFFICER ON A LATERAL TRANSFER FROM ANOTHER POLICE AGENCY,  FROM  A
 POLICE  DEPARTMENT  FROM  ANY  STATE  OR AMERICAN TERRITORY, OR AS A NEW
 RECRUIT.
   2. NO POLICE AGENCY SHALL RECRUIT, HIRE, ALLOW TO ENROLL, OR ALLOW  TO
 TRANSFER  ANY  POLICE  OFFICER  OR  PEACE OFFICER WHERE SUCH OFFICER WAS
 FIRED, RELIEVED OF HIS OR HER DUTY, OR RESIGNED AS A RESULT OF:
   (A) POLICE MISCONDUCT;
   (B) OFF-DUTY MISCONDUCT;
   (C) AN INVESTIGATION FOR ANY KIND OF POLICE  MISCONDUCT  AND  OFF-DUTY
 MISCONDUCT; OR
   (D) A MISDEMEANOR OR FELONY CHARGE.
   § 2. Subdivision 1 of section 50-a of the civil rights law, as amended
 by chapter 516 of the laws of 2014, is amended to read as follows:
   1. All personnel records used to evaluate performance toward continued
 employment  or  promotion,  under  the  control  of any police agency or
 department of the state or any political subdivision  thereof  including
 authorities or agencies maintaining police forces of individuals defined
 as  police  officers  in  section 1.20 of the criminal procedure law and
 such personnel records under the control of a sheriff's department or  a
 department  of correction of individuals employed as correction officers
 and such personnel records under the control of a paid  fire  department
 or    force    of    individuals    employed    as    firefighters    or
 firefighter/paramedics and such personnel records under the  control  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16573-01-0

 S. 8510                             2
 
 the  department of corrections and community supervision for individuals
 defined as peace officers  pursuant  to  subdivisions  twenty-three  and
 twenty-three-a  of  section  2.10 of the criminal procedure law and such
 personnel  records under the control of a probation department for indi-
 viduals defined as peace officers pursuant to subdivision twenty-four of
 section 2.10 of the criminal procedure law shall be considered confiden-
 tial and not subject to inspection or review without the express written
 consent of  such  police  officer,  firefighter,  firefighter/paramedic,
 correction officer or peace officer within the department of corrections
 and  community  supervision  or  probation  department  except as may be
 mandated by lawful court order OR UPON REQUEST FROM A POLICE  AGENCY  OR
 DEPARTMENT  OF  THE STATE OR ANY POLITICAL SUBDIVISION THEREOF INCLUDING
 AUTHORITIES OR AGENCIES MAINTAINING POLICE FORCES OF INDIVIDUALS DEFINED
 AS POLICE OFFICERS IN SECTION 1.20 OF THE CRIMINAL PROCEDURE  LAW  WHICH
 IS REQUIRED TO REVIEW SUCH PERSONNEL RECORDS UNDER SECTION EIGHT HUNDRED
 FORTY-FIVE-E OF THE EXECUTIVE LAW.
   § 3. This act shall take effect immediately.

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Senate Bill S8510

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2019-S8510 (ACTIVE) - Details

2019-S8510 (ACTIVE) - Summary

2019-S8510 (ACTIVE) - Sponsor Memo

2019-S8510 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8510

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Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Robert Jackson

2019-S8510 (ACTIVE) - Details

2019-S8510 (ACTIVE) - Summary

2019-S8510 (ACTIVE) - Sponsor Memo

2019-S8510 (ACTIVE) - Bill Text download pdf

Comments