NY State Senate Bill 2019-S8849

Senate Bill S8849

2019-2020 Legislative Session

Prohibits members of the state police, police officers, and peace officers from intentionally covering their badges

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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
Jul 29, 2020	referred to rules

co-Sponsors

2019-S8849 (ACTIVE) - Details

See Assembly Version of this Bill:: A10697
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Add §§214-g & 837-w, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3701, A8016, A10721
2023-2024: S2317, A5626

2019-S8849 (ACTIVE) - Summary

Prohibits members of the state police, police officers, and peace officers from intentionally covering their badges.

2019-S8849 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8849

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting members of
the state police, police officers, and peace officers from intentionally
covering their badges

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits members of the state police, police officers, and peace offi-
cers from intentionally covering their badges.

 
SUMMARY OF PROVISIONS:

Section 1 and 2 amends the executive law to prohibit state police
members that are acting in an official capacity froth intentionally
covering their badge identification. It also establishes a fine of $500
for each such violation. The bill also requires the 'superintendent to
create a telephone number, to be posted on the division of state

police's website, which individuals can call to report violators of this
law.

Section 3 provides the effective date.

 
JUSTIFICATION:

Recent Black Lives Matter demonstrations stemming from police brutality
have highlighted that many law enforcement agents have been covering
their age numbers and hiding their form of identification during inter-
actions with the public. As a result, inappropriate interactions with 1
w enforcement cannot readily be reported for review because the public
is not able to identify the officer/s who is are involved in the inap-
propriate conduct. Clear identification is necessary to ensure the safe-
ty of civilians and that they are able to report any unwarranted brutal-
ity or harm. This bill will provide individuals with a civil remedy
should a law officer intentionally cover their badge while acting in an
official capacity and creates a direct complaint line to which such
actions can be reported. In addition, this legislation will serve as a
deterrent against law enforcement intentionally hiding their identifica-
tion to avoid accountability for their actions.

 
PRIOR LEGISLATIVE HISTORY:

N/A

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8849 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8849
 
                             I N  S E N A T E
 
                               July 29, 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, in relation to prohibiting members of
   the state police, police officers,  and  peace  officers  from  inten-
   tionally covering their badges
 
   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  214-g
 to read as follows:
   §  214-G.  DISPLAY  OF  BADGE. 1. NO SWORN MEMBER OF THE STATE POLICE,
 WHILE ACTING IN HIS OR HER OFFICIAL CAPACITY AS A SWORN  MEMBER  OF  THE
 STATE  POLICE, SHALL INTENTIONALLY COVER HIS OR HER BADGE SO THAT HIS OR
 HER IDENTIFICATION IS NOT VISIBLE.
   2. THE DIVISION OF STATE POLICE SHALL IMPOSE A FINE  OF  FIVE  HUNDRED
 DOLLARS  UPON  ANY  SWORN  MEMBER OF THE STATE POLICE WHO IS REPORTED TO
 HAVE VIOLATED THE PROVISIONS OF SUBDIVISION ONE  OF  THIS  SECTION,  FOR
 EACH SUCH VIOLATION.
   3.  THE SUPERINTENDENT SHALL CREATE A TELEPHONE NUMBER, WHICH SHALL BE
 POSTED ON THE DIVISION'S WEBSITE, WHICH CITIZENS MAY CALL  TO  REPORT  A
 SWORN  MEMBER  OF THE STATE POLICE BEING IN VIOLATION OF SUBDIVISION ONE
 OF THIS SECTION.
   § 2. The executive law is amended by adding a  new  section  837-w  to
 read as follows:
   §  837-W.  DISPLAY  OF  BADGE.  1. NO POLICE OFFICER OR PEACE OFFICER,
 WHILE ACTING IN HIS OR HER OFFICIAL CAPACITY  AS  A  POLICE  OFFICER  OR
 PEACE OFFICER, SHALL INTENTIONALLY COVER HIS OR HER BADGE SO THAT HIS OR
 HER IDENTIFICATION IS NOT VISIBLE.
   2.  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES SHALL IMPOSE A FINE OF
 FIVE HUNDRED DOLLARS UPON ANY POLICE OFFICER OR  PEACE  OFFICER  WHO  IS
 REPORTED  TO  HAVE  VIOLATED  THE  PROVISIONS OF SUBDIVISION ONE OF THIS
 SECTION, FOR EACH SUCH VIOLATION.
   3. THE COMMISSIONER SHALL CREATE A TELEPHONE NUMBER,  WHICH  SHALL  BE
 POSTED  ON  THE  DIVISION'S WEBSITE, WHICH CITIZENS MAY CALL TO REPORT A
 POLICE OFFICER OR PEACE OFFICER BEING IN VIOLATION OF SUBDIVISION ONE OF
 THIS SECTION.
   § 3. This act shall take effect immediately.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16754-01-0

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Senate Bill S8849

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Sponsored By

Jamaal T. Bailey