Senate Bill S8583

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

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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2019-S8583 (ACTIVE) - Details

See Assembly Version of this Bill:
A10735
Current Committee:
Senate Rules
Law Section:
Civil Service Law
Laws Affected:
Add §108, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2021-2022: S2781, A7166
2023-2024: S1920

2019-S8583 (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-S8583 (ACTIVE) - Sponsor Memo

2019-S8583 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8583
 
                             I N  S E N A T E
 
                               June 16, 2020
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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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