NY State Senate Bill 2021-S1361

Senate Bill S1361

2021-2022 Legislative Session

Creates the New York State Civilian Complaint Review Board to investigate alleged misconduct by police and peace officers

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Archive: Last Bill Status - In Senate Committee Finance 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to finance
Jan 11, 2021	referred to finance

co-Sponsors

2021-S1361 (ACTIVE) - Details

See Assembly Version of this Bill:: A820
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 43 §930, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3808
2015-2016: S1164
2017-2018: S3200, A10257
2019-2020: S1554, A6699
2023-2024: S720

2021-S1361 (ACTIVE) - Summary

Creates the New York state civilian complaint review board to investigate alleged misconduct by police and peace officers.

2021-S1361 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1361

SPONSOR: SERRANO
 
TITLE OF BILL:

An act to amend the executive law, in relation to creating the New York
state civilian complaint review board

 
PURPOSE OR GENERAL IDEA OF BILL:

To create the New York State civilian complaint review board, an inde-
pendent and impartial body empowered to investigate allegations of
misconduct by police or peace officers employed by,the State of New York
and/or its agencies, public authorities, and public benefit corpo-
rations, and to recommend disciplinary action where appropriate.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the executive law by adding a new article 43 to
include the following:

-Legislative intent

-Defines "officer" as used in this section

-Creates the New York State civilian complaint review board, consisting
of nine members; provides for appointment of board members;

-Provides that no member of the board shall hold any other public office
or employment, or have experience as a law enforcement professional;

-Provides that members of the board shall be appointed for terms of

-Provides for board members to receive reimbursement for expenses and a
per diem allowance;

-Requires the board to appoint an executive director; authorizes the
board to appoint employees, including investigators; empowers the board
to adopt rules and regulations and to issue subpoenas;

-Provides that the board may offer mediation as an alternative to inves-
tigation and discipline;

-Sets forth a complaint review procedure;

-Provides that, in cases where allegations of misconduct are substanti-
ated, the board shall forward the case to the subject officer's employ-
er, and may recommend appropriate disciplinary action; provides that, if
no disciplinary action is taken within 30 days, the board shall forward
the case to the district attorney for the jurisdiction in which the
misconduct occurred;

-Requires that all investigations shall be completed within six months
of the date when the complaint was initiated, except in ._extenuating
circumstances.

Section 2: Act to take effect immediately.

 
JUSTIFICATION:
In an orderly and just society, it is critical that the public have
confidence in the integrity of its police forces. When allegations are
made of misconduct by police or peace officers, it is in the-interest of
the officers, the alleged victims, and the public at large that these
allegations are investigated by an impartial, independent, and credible
body.

For this reason, in 1993 New York City created its civilian complaint
review board, a non-police investigative body tasked with providing
oversight of the New York Police Department, with the power to issue
subpoenas and to recommend disciplinary action where necessary. The New
York City civilian complaint review board has played a critical role in
building public confidence in the NYPD, and has helped to build trust
between officers and the communities they patrol.

Currently, no such body exists to mediate between the public and the
myriad police and peace officer forces employed by the State of New York
and its agencies, public authorities, and public benefit corporations.
Allegations of abuse of authority or use of excessive force by these
officers are typically handled by internal investigation processes,
which are often murky and inconsistent, and which may have the appear-
ance of lacking impartiality, as they are conducted by colleagues or
supervisors of the officers accused of misconduct.

Both officers and members of the public will benefit by having such
complaints investigated in a fair, consistent, and transparent manner by
an independent and impartial body. By creating the New York State civil-
ian complaint review board, this legislation will enhance New Yorkers'
access to equal justice and will build confidence and a better working
relationship between New York State police and peace officers and the
public they serve.

 
PRIOR LEGISLATIVE HISTORY:

2013-2014:S3808 -ReferredtoFinance
2015-2016:S1164-ReferredtoFinance
2017-2018:S3200 -ReferredtoFinance
2019-2020:S1554 -ReferredtoFinance

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Act to take effect immediately.

2021-S1361 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1361
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by Sens. SERRANO, HOYLMAN, PARKER, SANDERS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Finance
 
 AN  ACT to amend the executive law, in relation to creating the New York
   state civilian complaint review board
 
   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 article 43 to
 read as follows:
                                ARTICLE 43
               NEW YORK STATE CIVILIAN COMPLAINT REVIEW BOARD
 SECTION 930. NEW YORK STATE CIVILIAN COMPLAINT REVIEW BOARD.
   §  930. NEW YORK STATE CIVILIAN COMPLAINT REVIEW BOARD. 1. LEGISLATIVE
 INTENT. IT IS IN THE INTEREST OF THE PEOPLE OF THE STATE OF NEW YORK AND
 POLICE DEPARTMENTS AND PEACE OFFICERS  THROUGHOUT  THE  STATE  THAT  THE
 INVESTIGATION  OF  COMPLAINTS  CONCERNING MISCONDUCT BY OFFICERS TOWARDS
 MEMBERS OF  THE  PUBLIC  BE  COMPLETE,  THOROUGH  AND  IMPARTIAL.  THESE
 INQUIRIES MUST BE CONDUCTED FAIRLY AND INDEPENDENTLY, AND IN A MANNER IN
 WHICH THE PUBLIC AND THE POLICE HAVE CONFIDENCE. AN INDEPENDENT CIVILIAN
 COMPLAINT  REVIEW BOARD IS HEREBY ESTABLISHED AS A BODY COMPRISED SOLELY
 OF MEMBERS OF THE PUBLIC WITH THE AUTHORITY TO  INVESTIGATE  ALLEGATIONS
 OF MISCONDUCT AS PROVIDED IN THIS SECTION.
   2.  DEFINITIONS. (A) AS USED IN THIS SECTION, THE TERM "OFFICER" SHALL
 MEAN "POLICE OFFICERS" AS DEFINED IN PARAGRAPHS (A), (E), (F), (H), (J),
 (K), (L), (M), (P), (Q), (S), AND  (V)  OF  SUBDIVISION  THIRTY-FOUR  OF
 SECTION  1.20  OF  THE  CRIMINAL  PROCEDURE  LAW AND "PEACE OFFICERS" AS
 DEFINED IN SUBDIVISIONS THREE, FOUR, FIVE, SIX, EIGHT, TWELVE, THIRTEEN,
 FIFTEEN, SIXTEEN, TWENTY, TWENTY-ONE, TWENTY-TWO, TWENTY-THREE,  TWENTY-
 FOUR,  TWENTY-FIVE,  TWENTY-SIX,  TWENTY-SEVEN, TWENTY-NINE, THIRTY-TWO,
 THIRTY-THREE, THIRTY-FOUR, THIRTY-FIVE, THIRTY-SIX, THIRTY-EIGHT, FORTY,
 FORTY-FIVE, FORTY-SIX, FORTY-SEVEN,  FIFTY-TWO,  FIFTY-NINE,  SIXTY-ONE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03298-01-1

 S. 1361                             2
 
 SIXTY-TWO,  SIXTY-EIGHT,  SEVENTY-FOUR,  SEVENTY-NINE, AND EIGHTY-TWO OF
 SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW.
   (B)  AS  USED  IN  THIS  SECTION "BOARD" SHALL MEAN THE NEW YORK STATE
 CIVILIAN COMPLAINT REVIEW BOARD.
   (C) AS USED IN THIS SECTION, "INVESTIGATOR" SHALL MEAN AN INVESTIGATOR
 AS APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION  THREE  OF
 THIS SECTION.
   3.  APPOINTMENTS.  (A) THE BOARD SHALL CONSIST OF NINE MEMBERS; THREE,
 INCLUDING THE CHAIR, AS SELECTED BY THE GOVERNOR; AND SIX MEMBERS TO  BE
 APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATIONS, RESPECTIVELY, OF THE
 ATTORNEY  GENERAL,  THE  COMPTROLLER,  THE  TEMPORARY  PRESIDENT  OF THE
 SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY,
 AND  THE MINORITY LEADER OF THE ASSEMBLY. ANY VACANCY IN THE BOARD SHALL
 BE FILLED FOR THE UNEXPIRED TERM IN THE  SAME  MANNER  AS  THE  ORIGINAL
 APPOINTMENT.
   (B)  NO  MEMBER  OF  THE  BOARD  SHALL HOLD ANY OTHER PUBLIC OFFICE OR
 EMPLOYMENT. NO MEMBERS SHALL HAVE EXPERIENCE AS LAW ENFORCEMENT  PROFES-
 SIONALS.  FOR THE PURPOSES OF THIS SECTION, EXPERIENCE AS A LAW ENFORCE-
 MENT PROFESSIONAL SHALL INCLUDE EXPERIENCE AS A  PEACE  OFFICER,  POLICE
 OFFICER, CRIMINAL INVESTIGATOR, SPECIAL AGENT, OR A MANAGERIAL OR SUPER-
 VISORY  EMPLOYEE  WHO  EXERCISED  SUBSTANTIAL  POLICY  DISCRETION ON LAW
 ENFORCEMENT MATTERS, IN A FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT AGEN-
 CY, OTHER THAN EXPERIENCE AS AN ATTORNEY IN A PROSECUTORIAL AGENCY.
   (C) THE MEMBERS OF THE BOARD SHALL BE APPOINTED  FOR  TERMS  OF  THREE
 YEARS.
   (D)  EACH  MEMBER  OF THE BOARD SHALL BE ENTITLED TO REIMBURSEMENT FOR
 HIS OR HER ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE  OF
 HIS OR HER OFFICIAL DUTIES AND A PER DIEM ALLOWANCE OF ONE HUNDRED FIFTY
 DOLLARS  WHEN RENDERING SERVICE AS A MEMBER; PROVIDED THAT THE AGGREGATE
 OF SUCH PER DIEM ALLOWANCE TO ANY ONE MEMBER IN ANY ONE FISCAL  YEAR  OF
 THE BOARD SHALL NOT EXCEED THE SUM OF FIVE THOUSAND DOLLARS.
   4.  POWERS  AND  DUTIES  OF  THE BOARD. (A) THE BOARD SHALL APPOINT AN
 EXECUTIVE DIRECTOR WHO SHALL ACT IN ACCORDANCE WITH THE POLICIES OF  THE
 BOARD.
   (B) THE BOARD IS AUTHORIZED, WITHIN APPROPRIATIONS AVAILABLE THEREFOR,
 TO  APPOINT  SUCH  EMPLOYEES AS ARE NECESSARY TO EXERCISE ITS POWERS AND
 FULFILL ITS DUTIES. THE BOARD SHALL APPOINT INVESTIGATORS TO INVESTIGATE
 CIVILIAN COMPLAINTS. SUCH INVESTIGATORS SHALL HAVE INVESTIGATIVE EXPERI-
 ENCE AS A CONDITION OF THEIR APPOINTMENT BY THE BOARD.
   (C) THE BOARD SHALL HAVE THE POWER TO ADOPT, AMEND AND  RESCIND  RULES
 AND  REGULATIONS  TO  GOVERN  PROCEDURES OF THE BOARD IN ACCORDANCE WITH
 THIS SECTION.
   (D) THE BOARD SHALL HAVE THE POWER TO SUBPOENA AND REQUIRE THE ATTEND-
 ANCE IN THIS STATE OF WITNESSES AND THE PRODUCTION OF BOOKS  AND  PAPERS
 PERTINENT  TO  THE  INVESTIGATION AND INQUIRIES HEREBY AUTHORIZED AND TO
 EXAMINE THEM AND SUCH PUBLIC RECORDS AS IT SHALL REQUIRE RELATING TO ANY
 SUCH MATTER. A SUBPOENA ISSUED PURSUANT TO THIS ACTION  SHALL  BE  REGU-
 LATED BY THE CIVIL PRACTICE LAW AND RULES.
   (E)  THE  BOARD  MAY  ALSO OFFER, BUT MAY NOT REQUIRE, MEDIATION BY AN
 EXPERIENCED MEDIATOR BETWEEN A COMPLAINANT AND A SUBJECT OFFICER  AS  AN
 ALTERNATIVE  TO INVESTIGATION AND DISCIPLINE. THE BOARD SHALL SET GUIDE-
 LINES TO DETERMINE CASES APPROPRIATE FOR MEDIATION.
   5. COMPLAINT REVIEW PROCEDURE. (A) COMPLAINTS MAY BE INITIATED BY  ANY
 PERSON  WHETHER  OR  NOT THAT PERSON IS A VICTIM OF, OR A WITNESS TO, AN
 INCIDENT ALLEGING THE USE OF EXCESSIVE FORCE OR ABUSE  OF  AUTHORITY.  A
 COMPLAINT MAY ALSO BE INITIATED BY THE BOARD, UPON A MAJORITY VOTE THER-

 S. 1361                             3
 
 EOF,  IF  THE  BOARD DETERMINES THAT THERE IS A CLEAR PUBLIC INTEREST IN
 DOING SO.
   (B)  THE  BOARD  MUST TAKE REASONABLE MEASURES TO ENSURE THE CONFIDEN-
 TIALITY OF ALL COMPLAINANTS.
   (C) ALL COMPLAINTS, OTHER THAN THOSE IN WHICH BOTH THE COMPLAINANT AND
 THE SUBJECT OFFICER AGREE TO MEDIATION, SHALL BE ASSIGNED TO AN INVESTI-
 GATOR, WHO SHALL TAKE SUCH STEPS AS ARE  NECESSARY  TO  INVESTIGATE  THE
 COMPLAINT, INCLUDING OBTAINING A STATEMENT FROM THE COMPLAINANT, WITNESS
 STATEMENTS,  DOCUMENTARY EVIDENCE, AND INTERVIEWS WITH SUBJECT OFFICERS.
 WHEN THE INVESTIGATION IS COMPLETE, IT SHALL BE FORWARDED TO THE  BOARD,
 OR  A  PANEL  CONSISTING  OF  AT LEAST THREE MEMBERS OF THE BOARD, WHICH
 SHALL READ THE CASE, REVIEW ALL OF THE EVIDENCE AND VOTE ON THE DISPOSI-
 TION OF EACH ALLEGATION RAISED BY THE COMPLAINT.
   (D) THE BOARD'S VOTE ON EACH ALLEGATION BROUGHT BEFORE IT SHALL RESULT
 IN ONE OF THE FOLLOWING DISPOSITIONS:
   (I)  SUBSTANTIATED;  A  FINDING  THAT  THERE  IS  SUFFICIENT  CREDIBLE
 EVIDENCE  TO  BELIEVE THAT THE SUBJECT OFFICER COMMITTED THE ACT CHARGED
 IN THE ALLEGATION CONSTITUTING MISCONDUCT;
   (II) EXONERATED; A FINDING THAT THE SUBJECT OFFICER WAS FOUND TO  HAVE
 COMMITTED THE ACT ALLEGED, BUT THE SUBJECT OFFICER'S ACTIONS WERE DETER-
 MINED TO BE LAWFUL AND PROPER;
   (III)  UNFOUNDED; A FINDING THAT THERE IS SUFFICIENT CREDIBLE EVIDENCE
 TO BELIEVE THAT THE SUBJECT OFFICER DID NOT COMMIT THE  ALLEGED  ACT  OF
 MISCONDUCT;
   (IV)  UNSUBSTANTIATED;  A  FINDING  THAT  THE  WEIGHT OF THE AVAILABLE
 EVIDENCE IS INSUFFICIENT TO SUBSTANTIATE, EXONERATE OR UNFOUND THE ALLE-
 GATION;
   (V) OFFICER OR OFFICERS UNIDENTIFIED; A FINDING  THAT  THE  BOARD  WAS
 UNABLE TO IDENTIFY THE SUBJECT OR SUBJECTS OF THE ALLEGED MISCONDUCT; OR
   (VI) MISCELLANEOUS; A FINDING THAT THE SUBJECT OF THE ALLEGATION IS NO
 LONGER AN OFFICER.
   (E)  IF  ANY  OF  THE  ALLEGATIONS  ARE SUBSTANTIATED, THE BOARD SHALL
 FORWARD THE CASE TO THE SUBJECT OFFICER'S EMPLOYER, AND MAY RECOMMEND TO
 THE EMPLOYER APPROPRIATE DISCIPLINARY ACTION. IF, WITHIN THIRTY DAYS  OF
 A  CASE  BEING FORWARDED FOR DISCIPLINE, NO DISCIPLINARY ACTION IS TAKEN
 BY AN OFFICER'S EMPLOYER WITH RESPECT TO THE  SUBSTANTIATED  ALLEGATIONS
 OF MISCONDUCT, THE BOARD SHALL FORWARD THE CASE TO THE DISTRICT ATTORNEY
 FOR THE JURISDICTION IN WHICH THE MISCONDUCT OCCURRED.
   (F)  EXCEPT  IN EXTENUATING CIRCUMSTANCES, ALL INVESTIGATIONS SHALL BE
 COMPLETED WITHIN SIX MONTHS OF THE DATE WHEN THE  COMPLAINT  WAS  INITI-
 ATED.
   § 2. This act shall take effect immediately.

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Senate Bill S1361

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Sponsored By

Jose M. Serrano