BILL NUMBER: S3886

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the executive law, in relation to police officer and
peace officer hiring and transfers

 
PURPOSE:

Relates to police officer and peace officer hiring and transfers in New
York State

 
SUMMARY OF PROVISIONS:

Section one amends the executive law by adding a new section 845 which
lay out mandates relating to police officer and peace officer hiring and
transfers

Section two amends subdivision 1 of section 50-a of the civil rights
law, as amended by chapter 516 of the laws of 2014 to allow for the use
              

of personnel records used to evaluate performance toward continued
employment or promotion upon request from a police agency or department
of the state or any political subdivision, including authorities or
agencies maintaining police forces of individuals defined as police
officers in section 1.20 of the criminal procedure law which is required
to review such personnel records under section eight hundred
forty-five-e of the executive law.

Section three sets the effective date.

 
JUSTIFICATION:

Time and time again, we have been faced with some of the worst crimes,
with some of them being committed by the people who have sworn to
protect and serve within our communities. The behaviors of certain
police officers are becoming more and more unacceptable. There has been
a longstanding history of racial bias in policing not only in New York
State but across the United States and the continuous perpetrations of
these injustices have caused deep racial disparities throughout our
State.

As a result of this, public trust is badly damaged between law enforce-
ment and many of the communities they serve, particularly communities of
color. Our communities cannot fully trust law enforcement officers or
feel safe if they are uncertain whether an officer with whom they inter-
act had a prior history of significant misconduct or abuse.

Furthermore, a lack of transparency and coordination among law enforce-
ment agencies, opposition from police executives and unions, and an
absence of federal guidance have meant that in most cases than not,
police departments do-not know the background of prospective officers
who are either enrolling as recruits or transferring from a different
police department within the state or from out of state due to their
failure to disclose a troubled work history.

With the continued fatal police shootings of unarmed African-Americans
and the sometimes violent protests that have engulfed our nation, in our
attempt to implement police reforms, it is imperative to include in
these reforms ways to ensure that police officers who are unable to
uphold their oath of office has no place on any police force. We need to
stop putting individuals who do not uphold their oath of office to serve
and protect our communities in positions of power. It is important that
we put our foot down and saying more. How many more people have to get
hurt or die to make the change necessary to see positive progress within
our communities?

 
LEGISLATIVE HISTORY:

2019-20: S.8510/A.10580 (Hyndman) - Referred to Rules

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.