S T A T E   O F   N E W   Y O R K
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                                   5974
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, THOMAS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to article 5 of the constitution, in relation  to
   reducing a police officer's pension to satisfy judgments in a wrongful
   death action
 
   Section  1. Resolved (if the Assembly concur), That section 7 of arti-
 cle 5 of the constitution be amended by adding a new subdivision (e)  to
 read as follows:
   (E)  (I)  NOTWITHSTANDING  SUBDIVISION (A) OF THIS SECTION, THE PUBLIC
 PENSION OF A POLICE OFFICER, AS DEFINED IN PARAGRAPH (II) OF THIS SUBDI-
 VISION, WHO IS FOUND LIABLE IN A WRONGFUL DEATH ACTION  ARISING  OUT  OF
 THE  PERFORMANCE  OF  HIS  OR HER DUTIES, MAY BE REDUCED TO NO LESS THAN
 TWENTY THOUSAND DOLLARS TO SATISFY  THE  JUDGMENT  AGAINST  SUCH  POLICE
 OFFICER IN SUCH WRONGFUL DEATH ACTION PRIOR TO THE PAYMENT OF ANY PUBLIC
 FUNDS,  FOLLOWING  NOTICE  AND  A  HEARING  BY  AN APPROPRIATE COURT, AS
 PROVIDED BY LAW. THE COURT DETERMINATION WHETHER TO REDUCE SUCH  PENSION
 SHALL BE BASED ON THE CONSIDERATION OF FACTORS INCLUDING THE SEVERITY OF
 SUCH  POLICE OFFICER'S ACTIONS AND THE PROPORTIONALITY OF A REDUCTION OF
 SUCH PENSION TO SUCH ACTIONS. WHEN A COURT ISSUES  AN  ORDER  TO  REDUCE
 SUCH  PENSION,  THE COURT SHALL CONSIDER AND DETERMINE SPECIFIC FINDINGS
 AS TO THE AMOUNT OF SUCH REDUCTION, IF ANY, AND  WHETHER  THE  REDUCTION
 WOULD  RESULT  IN  UNDUE  HARDSHIP  OR OTHER INEQUITY UPON ANY DEPENDENT
 CHILDREN, SPOUSE OR OTHER DEPENDENTS; AND OTHER FACTORS AS  PROVIDED  BY
 LAW.  THE  LEGISLATURE  SHALL ENACT LEGISLATION TO IMPLEMENT THIS AMEND-
 MENT.
   (II) FOR THE PURPOSES OF PARAGRAPH (I) OF THIS SUBDIVISION,  THE  TERM
 "POLICE  OFFICER" SHALL MEAN ANY MEMBER OF A DULY ORGANIZED POLICE FORCE
 OR DEPARTMENT OF ANY COUNTY, CITY, TOWN, VILLAGE, MUNICIPALITY, AUTHORI-
 TY, POLICE DISTRICT, REGIONAL STATE PARK COMMISSION WHEN  EMPLOYED  FULL
 TIME  IN  THE  ENFORCEMENT OF THE GENERAL CRIMINAL LAWS OF THE STATE, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89065-01-1

 S. 5974                             2
 
 ANY MEMBER OF THE STATE POLICE OR  A  SHERIFF,  UNDERSHERIFF  OR  DEPUTY
 SHERIFF.
   (III)  PARAGRAPH  (I)  OF THIS SUBDIVISION SHALL ONLY APPLY TO ACTIONS
 FILED ON OR AFTER THE FIRST OF JANUARY NEXT  SUCCEEDING  THE  DATE  UPON
 WHICH THE PEOPLE SHALL APPROVE AND RATIFY THE AMENDMENT TO THE CONSTITU-
 TION THAT ADDED THIS SUBDIVISION.
   §  2.  Resolved (if the Assembly concur), That the foregoing amendment
 be referred to the first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for 3 months previous to the time of such election.