S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5248--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced by Sens. BRISPORT, SALAZAR -- read twice and ordered printed,
   and  when  printed to be committed to the Committee on Codes -- recom-
   mitted to the Committee on Codes in accordance  with  Senate  Rule  6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the executive law, in  relation  establishing  reporting
   duties  of  law enforcement agencies with respect to police misconduct
   allegations and outcomes
 
   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-x
 to read as follows:
   § 837-X. REPORTING DUTIES OF LAW ENFORCEMENT AGENCIES WITH RESPECT  TO
 POLICE  MISCONDUCT  ALLEGATIONS  AND  OUTCOMES.  1. DEFINITIONS. FOR THE
 PURPOSES OF THIS SECTION:
   A. "ACTION PENDING INVESTIGATION" MEANS  AN  ACTION  TAKEN  BY  A  LAW
 ENFORCEMENT  AGENCY  IN RESPONSE TO THE OPENING OF AN INVESTIGATION INTO
 AN ALLEGED INFRACTION, INCLUDING BUT NOT LIMITED TO PLACING  AN  OFFICER
 ON MODIFIED DUTY, UNPAID SUSPENSION, OR PAID SUSPENSION.
   B.  "ENCOUNTER"  MEANS  THE CONTACT BETWEEN THE SUBJECT OFFICER AND AN
 INDIVIDUAL THAT RESULTED IN EITHER A POLICE MISCONDUCT COMPLAINT  OR  AN
 ALLEGED INFRACTION.
   C. "ALLEGED INFRACTION" MEANS ANY ALLEGED VIOLATION OF AGENCY RULES OR
 POLICIES  OR  VIOLATIONS  OF  LAW  BY  AN OFFICER. AN ALLEGED INFRACTION
 INCLUDES ANY RULE VIOLATION REGARDLESS OF WHETHER IT IS ASSOCIATED  WITH
 A  POLICE  MISCONDUCT  COMPLAINT.  THE  TERM ALLEGED INFRACTION DOES NOT
 INCLUDE TECHNICAL INFRACTIONS AS DEFINED IN SECTION  EIGHTY-SIX  OF  THE
 PUBLIC OFFICERS LAW.
   D. "DISCIPLINARY ACTION" MEANS ANY ACTION TAKEN BY THE LAW ENFORCEMENT
 AGENCY AS A RESULT OF AN INVESTIGATION CONCERNING AN ALLEGED INFRACTION.
 DISCIPLINARY  ACTION INCLUDES BUT IS NOT LIMITED TO CHARGES AND SPECIFI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08062-03-2
              

 S. 5248--A                          2
 
 CATIONS, TERMINATION, FORCED SEPARATION, PROBATION, SUSPENSION, LOSS  OF
 VACATION   DAYS,   TRAINING,  INSTRUCTIONS,  MANDATED  DRUG  SCREENINGS,
 MANDATED COUNSELING, DIVESTURE OF INTEREST, COMMAND DISCIPLINE,  OR  ANY
 OTHER  SUCH  CATEGORY  OF  DISCIPLINE  MAINTAINED BY THE LAW ENFORCEMENT
 AGENCY. THE TERM "DISCIPLINARY ACTION" ALSO INCLUDES A RECOMMENDATION OR
 DECISION NOT TO IMPOSE ANY PENALTY.
   E. "INVESTIGATING AGENCY" MEANS THE AGENCY RESPONSIBLE FOR INVESTIGAT-
 ING THE ALLEGED INFRACTION.
   F. "LAW ENFORCEMENT AGENCY" MEANS A POLICE AGENCY OR DEPARTMENT OF THE
 STATE OR ANY POLITICAL SUBDIVISION  THEREOF,  INCLUDING  AUTHORITIES  OR
 AGENCIES  MAINTAINING  POLICE  FORCES  OF  INDIVIDUALS DEFINED AS POLICE
 OFFICERS IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, OR  A  SHERIFF'S
 DEPARTMENT.
   G.  "OFFICER"  MEANS A POLICE OFFICER, AS DEFINED IN SUBDIVISION THIR-
 TY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, OR A PEACE  OFFI-
 CER AS DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW.
   H.  "ORIGINATING  AGENCY"  MEANS  THE  AGENCY THAT FIRST IDENTIFIED AN
 ALLEGED INFRACTION OR THAT RECEIVED A POLICE MISCONDUCT COMPLAINT.
   I. "POLICE MISCONDUCT COMPLAINT" MEANS  ANY  COMPLAINT  OF  MISCONDUCT
 ALLEGED  BY  A  MEMBER OF THE PUBLIC OR AN EMPLOYEE OF A LAW ENFORCEMENT
 AGENCY WHERE THE SUBJECT OF SUCH  A  COMPLAINT  IS  AN  OFFICER.  POLICE
 MISCONDUCT  COMPLAINT INCLUDES ANY COMPLAINT MADE TO THE LAW ENFORCEMENT
 AGENCY OR ANY OTHER AGENCY AUTHORIZED TO INVESTIGATE  MISCONDUCT  BY  AN
 OFFICER. POLICE MISCONDUCT COMPLAINTS MAY BE BROUGHT AGAINST ONE OR MORE
 OFFICERS AND MAY CONTAIN ONE OR MORE ALLEGED INFRACTIONS.
   J. "SUBJECT OFFICER" MEANS AN OFFICER WHO IS ALLEGED TO HAVE COMMITTED
 AN  ALLEGED  INFRACTION. THERE MAY BE MULTIPLE SUBJECT OFFICERS INVOLVED
 IN A SINGLE POLICE MISCONDUCT COMPLAINT.
   K. "UNIQUE, PERMANENT, AND STABLE IDENTIFYING NUMBER" MEANS  A  NUMBER
 THAT  IS ASSIGNED TO EACH OFFICER BY THE EMPLOYING AGENCY, MUNICIPALITY,
 OR THE DIVISION THAT IS UNIQUE, PERMANENTLY ASSOCIATED WITH THE  OFFICER
 AND  WHICH  DOES  NOT  CHANGE DURING THE OFFICER'S LIFETIME. SUCH NUMBER
 SHALL BE THE TAX IDENTIFICATION NUMBER ASSIGNED TO THE  OFFICER  BY  THE
 AGENCY WHERE SUCH NUMBER IS ISSUED.
   2. THE DIVISION SHALL ESTABLISH AND MAINTAIN ON ITS OFFICIAL WEBSITE A
 PUBLIC, SEARCHABLE DATABASE OF ALLEGED INFRACTIONS AND POLICE MISCONDUCT
 COMPLAINTS.  SUCH DATABASE SHALL CONSIST OF THE INFORMATION DESCRIBED IN
 SUBDIVISION THREE OF THIS  SECTION.  SUCH  DATABASE  SHALL  INCLUDE  ALL
 RECORDS  DESCRIBED  IN  SUBDIVISION  THREE OF THIS SECTION REGARDLESS OF
 WHEN THOSE RECORDS WERE PRODUCED  OR  CREATED,  AND  REGARDLESS  OF  THE
 DISPOSITION  OF  ANY  INVESTIGATION INTO AN ALLEGED INFRACTION OR POLICE
 MISCONDUCT COMPLAINT.
   3. THE DATABASE DESCRIBED IN SUBDIVISION TWO  OF  THIS  SECTION  SHALL
 INCLUDE THE FOLLOWING:
   A. THE NAME OF THE SUBJECT OFFICER FOR EACH ALLEGED INFRACTION;
   B. THE LAW ENFORCEMENT AGENCY THAT EMPLOYEES THE SUBJECT OFFICER;
   C. THE SHIELD NUMBER OF THE SUBJECT OFFICER AT THE TIME OF THE ALLEGED
 ENCOUNTER;
   D. THE UNIQUE, PERMANENT, AND STABLE IDENTIFYING NUMBER OF THE SUBJECT
 OFFICER;
   E. THE RANK OF THE SUBJECT OFFICER AT THE TIME OF THE ALLEGED ENCOUNT-
 ER;
   F.  THE  COMMAND  OF  THE  SUBJECT  OFFICER AT THE TIME OF THE ALLEGED
 ENCOUNTER;
   G. THE PRECINCT OF THE SUBJECT OFFICER AT  THE  TIME  OF  THE  ALLEGED
 ENCOUNTER;
 S. 5248--A                          3
 
   H.  WHETHER  THE SUBJECT OFFICER IS CURRENTLY ON ACTIVE DUTY, RETIRED,
 OR HAS BEEN TERMINATED;
   I.  DEMOGRAPHIC  INFORMATION  ON  THE SUBJECT OFFICER, INCLUDING RACE,
 ETHNICITY, GENDER, AND AGE;
   J. WHETHER AN ALLEGATION IS  CONCERNING  AN  IMPROPER  USE  OF  FORCE;
 RACIAL  PROFILING; BIASED POLICING; SEXUAL MISCONDUCT; AN UNLAWFUL STOP;
 AN UNLAWFUL SEARCH; AN UNLAWFUL ARREST; FALSIFYING OFFICIAL  STATEMENTS;
 UNLAWFUL  ENTRY; INTERFERING WITH DOCUMENTING POLICE ACTIVITY; TAMPERING
 WITH EVIDENCE; FAILURE TO PROVIDE AID OR MEDICAL ATTENTION;  INTERFERING
 WITH  INVESTIGATIONS  INTO  ALLEGED INFRACTIONS; AN OFFICER'S FAILURE TO
 IDENTIFY THEMSELVES; OR OTHER;
   K. THE ALLEGED INFRACTION;
   L. THE DATE OF THE ENCOUNTER;
   M. THE DATE OF THE ALLEGED INFRACTION;
   N. THE LOCATION WHERE THE ENCOUNTER OCCURRED;
   O. WHETHER THE CONTACT WAS  OFFICER-INITIATED  OR  IN  RESPONSE  TO  A
 DISPATCH OR A REQUEST FOR ASSISTANCE BY A MEMBER OF THE PUBLIC;
   P.  WHETHER THE ENCOUNTER WAS A RESULT OF A PEDESTRIAN STOP, CAR STOP,
 AIDED  REQUEST,  EXECUTION  OF  A  WARRANT,  WITNESS  INTERVIEW,  POLICE
 DISPATCH  TO  RESPOND  TO  A  PERSON  EXPERIENCING  A  MENTAL  HEALTH OR
 SUBSTANCE USE EMERGENCY, OR OTHER;
   Q. DEMOGRAPHIC INFORMATION OF  THE  ALLEGED  VICTIM,  INCLUDING  RACE,
 ETHNICITY,  GENDER,  AND  AGE,  TO  THE  EXTENT THAT SUCH INFORMATION IS
 RECORDED;
   R. A UNIQUE SERIAL CASE IDENTIFICATION NUMBER;
   S. THE ORIGINATING AGENCY;
   T. THE INVESTIGATING AGENCY;
   U. THE DATE THE INVESTIGATING AGENCY BEGAN ITS INVESTIGATION;
   V. THE STATUS OF AN INVESTIGATION (OPEN OR CLOSED);
   W. WHETHER WITNESSES TO THE ALLEGED ENCOUNTER OR OTHER WITNESSES  WERE
 INTERVIEWED.  IF  SO,  THE DATABASE SHALL INDICATE WHETHER THE WITNESSES
 WERE OFFICERS, CIVILIANS, OR BOTH;
   X. WHETHER THE INVESTIGATING AGENCY  REVIEWED  VIDEO  FOOTAGE,  PHOTO-
 GRAPHIC IMAGES, OR OTHER RECORDINGS OF THE ALLEGED ENCOUNTER;
   Y. THE DATE OF THE FINDING BY THE INVESTIGATING AGENCY;
   Z.  THE FINDING OF THE INVESTIGATING AGENCY, INCLUDING ANY DISPOSITION
 CATEGORY MAINTAINED BY THE AGENCY  REGARDLESS  OF  THE  NATURE  OF  SUCH
 DISPOSITION;
   AA. THE DISCIPLINARY ACTION RECOMMENDED BY THE INVESTIGATING AGENCY;
   BB.  ANY  ACTION  PENDING  INVESTIGATION  TAKEN BY THE LAW ENFORCEMENT
 AGENCY;
   CC. WHETHER THE SUBJECT OFFICER WAS SUBJECT TO AN ADMINISTRATIVE PROS-
 ECUTION. IF SO, THE DATABASE SHALL ALSO INCLUDE AND BE SEARCHABLE BY THE
 FOLLOWING:
   I. THE CHARGES AGAINST THE SUBJECT OFFICER;
   II. THE FINDING PER CHARGE, INCLUDING GUILTY OR NOT GUILTY; AND
   III. THE DISCIPLINARY ACTION RECOMMENDED BY THE PERSON PRESIDING  OVER
 SUCH PROSECUTION;
   DD. THE DISCIPLINARY ACTION TAKEN BY THE LAW ENFORCEMENT AGENCY; AND
   EE.  THE  JUSTIFICATION  FOR  ANY  DIVERGENCE BETWEEN THE DISCIPLINARY
 ACTION TAKEN BY THE LAW ENFORCEMENT AGENCY AND THE  DISCIPLINARY  ACTION
 RECOMMENDED BY THE INVESTIGATING AGENCY.
   4.  WHERE THE NAME OF AN OFFICER IS UNKNOWN AT THE TIME OF THE INITIAL
 COMPLAINT OR OPENING OF AN INVESTIGATION, THE  DATABASE  SHALL  INDICATE
 "OFFICER  UNKNOWN".  IF AN OFFICER'S NAME IS DISCOVERED IN THE COURSE OF
 AN INVESTIGATION, THE INVESTIGATING AGENCY SHALL PROVIDE  THAT  INFORMA-
 S. 5248--A                          4
 
 TION  TO  THE DIVISION WITHIN THIRTY DAYS. THE DIVISION SHALL UPDATE THE
 DATABASE WITH SUCH OFFICER'S NAME WITHIN THIRTY DAYS OF RECEIPT OF  SUCH
 INFORMATION.
   5. THE INFORMATION IN THE DATABASE REQUIRED BY SUBDIVISION TWO OF THIS
 SECTION SHALL BE UPDATED MONTHLY.
   6. THE DATABASE DESCRIBED IN SUBDIVISION TWO OF THIS SECTION SHALL NOT
 INCLUDE  THE  NAME  OF OR ANY OTHER INDIVIDUALLY IDENTIFYING INFORMATION
 FOR ANY PERSON OTHER THAN THE SUBJECT OFFICER.
   7. THE INFORMATION INCLUDED IN THE DATABASE  REQUIRED  BY  SUBDIVISION
 TWO  OF  THIS  SECTION SHALL BE AVAILABLE IN A FORMAT THAT PERMITS AUTO-
 MATED  PROCESSING  AND  SHALL  BE  AVAILABLE  WITHOUT  ANY  REGISTRATION
 REQUIREMENT,  LICENSE REQUIREMENT OR RESTRICTIONS ON THEIR USE, PROVIDED
 THAT THE DIVISION MAY REQUIRE A THIRD PARTY  PROVIDING  THE  PUBLIC  ANY
 DATA  FROM  SUCH  DATABASE,  OR  ANY APPLICATION UTILIZING SUCH DATA, TO
 EXPLICITLY  IDENTIFY  THE  SOURCE  AND  VERSION  OF  THE  DATA,  AND   A
 DESCRIPTION OF ANY MODIFICATIONS MADE TO SUCH DATA.
   8.  THE CHIEF OF EVERY POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE
 SUPERINTENDENT OF STATE POLICE SHALL REPORT TO THE DIVISION ON A MONTHLY
 BASIS ALL INFORMATION DESCRIBED IN SUBDIVISION THREE OF THIS SECTION.
   9. FOR RECORDS IN EXISTENCE  PRIOR  TO  THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  THE CHIEF OF EVERY POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND
 THE SUPERINTENDENT OF THE STATE POLICE  SHALL  PROVIDE  ALL  INFORMATION
 DESCRIBED IN SUBDIVISION THREE OF THIS SECTION TO THE EXTENT SUCH INFOR-
 MATION EXISTS.
   10.  THE  DIVISION  SHALL  PROMULGATE  REGULATIONS  TO  EFFECTUATE THE
 REPORTING OF INFORMATION FROM LAW  ENFORCEMENT  AGENCIES  SUFFICIENT  TO
 ESTABLISH THE DATABASE DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.