Senate Bill S2794

2021-2022 Legislative Session

Establishes a statewide law enforcement officer misconduct database

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2021-S2794 (ACTIVE) - Details

See Assembly Version of this Bill:
A7450
Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8509
2023-2024: S4625, A4174

2021-S2794 (ACTIVE) - Summary

Directs the division of criminal justice services to establish a statewide public database covering every local police department, each county sheriff's office, the division of the state police and every agency that employs a peace officer in this state, which shall compile the names of any police or peace officer who has had his or her employment terminated due to misconduct.

2021-S2794 (ACTIVE) - Sponsor Memo

2021-S2794 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2794
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law, in relation to establishing a  state-
   wide law enforcement officer misconduct database
 
   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  837-w
 to read as follows:
   §  837-W.  STATEWIDE  LAW  ENFORCEMENT  OFFICER  MISCONDUCT  DATABASE.
 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DIVISION SHALL
 ESTABLISH A  STATEWIDE  PUBLIC  DATABASE  COVERING  EVERY  LOCAL  POLICE
 DEPARTMENT,  EACH  COUNTY  SHERIFF'S  OFFICE,  THE DIVISION OF THE STATE
 POLICE AND EVERY AGENCY THAT EMPLOYS A  PEACE  OFFICER  IN  THIS  STATE,
 WHICH SHALL COMPILE THE NAMES OF ANY POLICE OR PEACE OFFICER WHO HAS HAD
 HIS  OR  HER  EMPLOYMENT TERMINATED DUE TO MISCONDUCT, INCLUDING BUT NOT
 LIMITED TO DOMESTIC VIOLENCE, SEXUAL VIOLENCE, ASSAULT  AND  HARASSMENT,
 ANY  CRIMINAL  OFFENSE  AGAINST  A  MINOR,  EXCESSIVE  USE OF FORCE, ANY
 VIOLATION OF 18 U.S.C. 242,  PERJURY,  FALSIFYING  A  POLICE  REPORT  OR
 PLANTING  AND  DESTROYING EVIDENCE, AND DEADLY PHYSICAL ASSAULT; AS WELL
 AS ANY TERMINATION OR COMPLAINTS AGAINST  SUCH  OFFICER.  THE  CHIEF  OF
 EVERY  POLICE  DEPARTMENT,  EACH  COUNTY  SHERIFF, THE SUPERINTENDENT OF
 STATE POLICE AND THE PERSON IN CHARGE OF EVERY  AGENCY  THAT  EMPLOYS  A
 PEACE  OFFICER IN THIS STATE SHALL REPORT TO THE DIVISION, IN A FORM AND
 MANNER AS DEFINED IN REGULATIONS BY THE DIVISION, ALL INFORMATION NECES-
 SARY TO COMPILE AND MAINTAIN THE DATABASE ESTABLISHED PURSUANT  TO  THIS
 SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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