NY State Senate Bill 2019-S8520

Senate Bill S8520

2019-2020 Legislative Session

Relates to mandating police officers to safely intervene when such officer observes another police officer using excessive force

download bill text pdf

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

2019-S8520 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Policemen
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1619
2023-2024: S1889

2019-S8520 (ACTIVE) - Summary

Mandates that any police officer that is present and observes another police officer using force that is clearly excessive to safely intervene to prevent the use of such excessive force and report to the supervisor.

2019-S8520 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8520

SPONSOR: SANDERS
 
TITLE OF BILL:

An act mandating police officers to safely intervene when such officer
is present and observes another police officer using excessive force

 
PURPOSE:

This bill would mandate police officers to safely intervene when such
officer is present and observes another police officer using excessive
force

 
SUMMARY OF PROVISIONS:

Section 1 provides that any police officer that is present and observes
another police officer using force that is clearly excessive or beyond
what is objectively reasonable under the circumstances shall be
required, when in a position to do so, to safely intervene to prevent
the use of such excessive force. In all instances where excessive force

is used, observed by another police officer or another police officer
had to intervene, the officer shall promptly report the use, observation
and intervention of excessive force to the supervisor.

Section 2 establishes the effective date.

 
JUSTIFICATION:

George Floyd was killed May 25, 2020 in Minneapolis, Minnesota during an
arrest. Mr. Floyd, an African-American, died after being arrested by
Derek Chauvin, a white Minneapolis police officer, who kept his knee on
the side of Floyd's neck for 8 minutes and 46 seconds.  Furthermore, 2
minutes and 53 seconds of that time occurred after Floyd became unre-
sponsive, according to the criminal complaint for murder against Chau-
vin. Three other police officers participated in the arrest. Three
police officers pinned the unarmed, handcuffed Floyd on the ground while
another officer stood nearby. This arrest was caught on video.

By mandating police officers to safely intervene when such officer is
present and observes another police officer using excessive force, which
this bill does, police officers might have been more likely to intervene
in a situation like the George Floyd case.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2019-S8520 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8520
 
                             I N  S E N A T E
 
                               June 6, 2020
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT mandating police officers to safely intervene when  such  officer
   is present and observes another police officer using excessive force
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Notwithstanding any provisions of law to the contrary,  any
 police officer that is present and observes another police officer using
 force that is clearly excessive or beyond what is objectively reasonable
 under  the circumstances shall be required, when in a position to do so,
 to safely intervene to prevent the use of such excessive force.  In  all
 instances  where  excessive  force  is  used, observed by another police
 officer or another police officer had to intervene,  the  officer  shall
 promptly report the use, observation and intervention of excessive force
 to the supervisor.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16615-01-0

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