S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2334
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ  --  read once and referred to the
   Committee on Governmental Employees
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to article 5 of the constitution, in relation  to
   reducing a police officer's pension to satisfy judgments in a wrongful
   death action

   Section  1. Resolved (if the Senate concur), That section 7 of article
 5 of the constitution be amended by adding a new subdivision (e) to read
 as follows:
   (E) (I) NOTWITHSTANDING SUBDIVISION (A) OF THIS  SECTION,  THE  PUBLIC
 PENSION OF A POLICE OFFICER, AS DEFINED IN PARAGRAPH (II) OF THIS SUBDI-
 VISION,  WHO  IS  FOUND LIABLE IN A WRONGFUL DEATH ACTION ARISING OUT OF
 THE PERFORMANCE OF HIS OR HER DUTIES, MAY BE REDUCED  TO  NO  LESS  THAN
 TWENTY  THOUSAND  DOLLARS  TO  SATISFY  THE JUDGMENT AGAINST SUCH POLICE
 OFFICER IN SUCH WRONGFUL DEATH ACTION PRIOR TO THE PAYMENT OF ANY PUBLIC
 FUNDS, FOLLOWING NOTICE AND  A  HEARING  BY  AN  APPROPRIATE  COURT,  AS
 PROVIDED  BY LAW. THE COURT DETERMINATION WHETHER TO REDUCE SUCH PENSION
 SHALL BE BASED ON THE CONSIDERATION OF FACTORS INCLUDING THE SEVERITY OF
 SUCH POLICE OFFICER'S ACTIONS AND THE PROPORTIONALITY OF A REDUCTION  OF
 SUCH  PENSION  TO  SUCH  ACTIONS. WHEN A COURT ISSUES AN ORDER TO REDUCE
 SUCH PENSION, THE COURT SHALL CONSIDER AND DETERMINE  SPECIFIC  FINDINGS
 AS  TO  THE  AMOUNT OF SUCH REDUCTION, IF ANY, AND WHETHER THE REDUCTION
 WOULD RESULT IN UNDUE HARDSHIP OR  OTHER  INEQUITY  UPON  ANY  DEPENDENT
 CHILDREN,  SPOUSE  OR OTHER DEPENDENTS; AND OTHER FACTORS AS PROVIDED BY
 LAW. THE LEGISLATURE SHALL ENACT LEGISLATION TO  IMPLEMENT  THIS  AMEND-
 MENT.
   (II)  FOR  THE PURPOSES OF PARAGRAPH (I) OF THIS SUBDIVISION, THE TERM
 "POLICE OFFICER" SHALL MEAN ANY MEMBER OF A DULY ORGANIZED POLICE  FORCE
 OR DEPARTMENT OF ANY COUNTY, CITY, TOWN, VILLAGE, MUNICIPALITY, AUTHORI-
 TY,  POLICE  DISTRICT, REGIONAL STATE PARK COMMISSION WHEN EMPLOYED FULL
 TIME IN THE ENFORCEMENT OF THE GENERAL CRIMINAL LAWS OF  THE  STATE,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89065-01-1

 A. 2334                             2
 
 ANY  MEMBER  OF  THE  STATE  POLICE OR A SHERIFF, UNDERSHERIFF OR DEPUTY
 SHERIFF.
   (III)  PARAGRAPH  (I)  OF THIS SUBDIVISION SHALL ONLY APPLY TO ACTIONS
 FILED ON OR AFTER THE FIRST OF JANUARY NEXT  SUCCEEDING  THE  DATE  UPON
 WHICH THE PEOPLE SHALL APPROVE AND RATIFY THE AMENDMENT TO THE CONSTITU-
 TION THAT ADDED THIS SUBDIVISION.
   §  2. Resolved (if the Senate concur), That the foregoing amendment be
 referred to the first regular legislative session  convening  after  the
 next  succeeding  general  election  of members of the assembly, and, in
 conformity with  section  1  of  article  19  of  the  constitution,  be
 published for 3 months previous to the time of such election.