S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2186--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced  by Sens. SEPULVEDA, HOYLMAN -- read twice and ordered print-
   ed, and when printed to be committed to  the  Committee  on  Codes  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the executive law, in relation to requiring police offi-
   cers to report the misconduct of a police officer  and  requiring  the
   division of criminal justice to establish a protocol to be followed by
   police  agencies  when  handling  and  recording  mandatory reports of
   misconduct by a police  officer;  and  to  amend  the  penal  law,  in
   relation  to establishing the crime of failure to report misconduct by
   a police officer
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 837 of the executive law is amended by adding a new
 subdivision 23 to read as follows:
   23.  PROMULGATE  A  STANDARDIZED  AND  DETAILED WRITTEN PROTOCOL TO BE
 FOLLOWED BY POLICE AGENCIES FOR THE HANDLING AND RECORDING OF  MANDATORY
 REPORTS  OF  MISCONDUCT  BY  A  POLICE  OFFICER  AS REQUIRED PURSUANT TO
 SECTION EIGHT HUNDRED THIRTY-SEVEN-W OF THIS ARTICLE. THE PROTOCOL SHALL
 INCLUDE PROVISIONS PROTECTING POLICE OFFICERS WHO ARE MANDATED TO REPORT
 MISCONDUCT FROM RETALIATION AGAINST SUCH OFFICER AS A RESULT  OF  FILING
 SUCH  REPORT. THE DIVISION SHALL ALSO PROMULGATE A STANDARDIZED "OFFICER
 MISCONDUCT INCIDENT REPORT FORM" FOR  USE  BY  POLICE  AGENCIES  IN  THE
 REPORTING, RECORDING AND INVESTIGATION OF ALL ALLEGED INCIDENTS OF OFFI-
 CER  MISCONDUCT,  REGARDLESS OF WHETHER AN ARREST IS MADE AS A RESULT OF
 SUCH INVESTIGATION. SUCH FORM SHALL BE PREPARED IN MULTIPLE  PARTS,  ONE
 OF  WHICH  SHALL  BE  IMMEDIATELY  FORWARDED  TO THE DIVISION, AND SHALL
 INCLUDE DESIGNATED SPACES FOR: THE RECORDATION OF  THE  RESULTS  OF  THE
 INVESTIGATION  BY  THE POLICE AGENCY AND THE BASIS FOR ANY ACTION TAKEN;
 THE RECORDATION OF THE REPORTING OFFICER'S  ALLEGATIONS  OF  MISCONDUCT;
 AND  IMMEDIATELY THEREUNDER A SPACE ON WHICH THE REPORTING OFFICER SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06634-05-1

 S. 2186--A                          2
 
 SIGN AND VERIFY HIS OR HER  ALLEGATIONS.  SUCH  PROTOCOL  SHALL  INCLUDE
 PROVISIONS  REGARDING  THE  FAILURE TO REPORT MISCONDUCT WHICH, NOTWITH-
 STANDING ANY PROVISION OF  A  LABOR  CONTRACT  TO  THE  CONTRARY,  SHALL
 AUTHORIZE  THE  POLICE  AGENCY TO TERMINATE FROM EMPLOYMENT AND/OR BRING
 CRIMINAL CHARGES AGAINST THE OFFICER WHO FAILED TO  REPORT  THE  MISCON-
 DUCT.
   §  2.  The  executive  law is amended by adding a new section 837-w to
 read as follows:
   § 837-W. MANDATORY REPORTING OF MISCONDUCT. EVERY POLICE OFFICER SHALL
 BE REQUIRED TO REPORT IN ACCORDANCE WITH THIS SECTION WHEN HE OR SHE HAS
 REASONABLE CAUSE TO SUSPECT THAT A POLICE OFFICER, ACTING IN HIS OR  HER
 PROFESSIONAL OR OFFICIAL CAPACITY, HAS USED EXCESSIVE FORCE OR OTHERWISE
 ACTED  WITH MISCONDUCT IN RELATION TO THE USE OF EXCESSIVE FORCE.  WHEN-
 EVER SUCH OFFICER IS REQUIRED TO REPORT UNDER THIS SECTION,  HE  OR  SHE
 SHALL  IMMEDIATELY  NOTIFY HIS OR HER POLICE AGENCY, WHICH THEN SHALL BE
 RESPONSIBLE TO FORWARD SUCH REPORT TO THE DIVISION  AND  TO  FOLLOW  THE
 PROTOCOL  ESTABLISHED  BY  THE  DIVISION PURSUANT TO SUBDIVISION TWENTY-
 THREE OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THIS ARTICLE.   A  POLICE
 OFFICER  WHO FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION SHALL
 BE CHARGED WITH FAILURE TO REPORT MISCONDUCT BY A POLICE OFFICER  PURSU-
 ANT TO SECTION 195.01 OF THE PENAL LAW.
   §  3.  The penal law is amended by adding a new section 195.01 to read
 as follows:
 § 195.01 FAILURE TO REPORT MISCONDUCT BY A POLICE OFFICER.
   A POLICE OFFICER IS GUILTY OF FAILURE TO REPORT MISCONDUCT BY A POLICE
 OFFICER WHEN HE OR SHE:
   1.  HAS REASONABLE CAUSE TO SUSPECT THAT A POLICE OFFICER,  ACTING  IN
 HIS  OR  HER PROFESSIONAL OR OFFICIAL CAPACITY, HAS USED EXCESSIVE FORCE
 OR OTHERWISE ACTED WITH MISCONDUCT IN RELATION TO THE USE  OF  EXCESSIVE
 FORCE; AND
   2.  FAILS  TO  REPORT  SUCH MISCONDUCT AS REQUIRED PURSUANT TO SECTION
 EIGHT HUNDRED THIRTY-SEVEN-W OF THE EXECUTIVE LAW.
   FAILURE TO REPORT MISCONDUCT BY A POLICE OFFICER IS A CLASS D FELONY.
   § 4. This act shall take effect immediately.