NY State Senate Bill 2021-S821

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to civil service and pensions
Jan 06, 2021	referred to civil service and pensions

co-Sponsors

2021-S821 (ACTIVE) - Details

See Assembly Version of this Bill:: A2490
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §58, Civ Serv L; amd §14-109, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8513, A10877
2023-2024: S4446, A1648

2021-S821 (ACTIVE) - Summary

Provides that no person shall be eligible for appointment as a police officer who was previously employed as a police officer and who: was dismissed for malfeasance or other serious misconduct calling into question such person's fitness to serve as a police officer; or resigned or retired from such officer's position while under investigation for such malfeasance or other serious misconduct; defines terms; makes related provisions.

2021-S821 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S821

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the civil service law and the administrative code of the
city of New York, in relation to the hiring of certain police officers

 
PURPOSE OR GENERAL IDEA OF BILL::

To prohibit the hiring of police officers who were previously dismissed
for malfeasance or serious misconduct and prohibits the hiring of police
officers who previously resigned or retired while under investigation
for malfeasance or serious misconduct

 
SUMMARY OF SPECIFIC PROVISIONS::

Section 1 adds a new subdivision 7 to section 58 of the Civil Service
Law, prohibiting law enforcement agencies from hiring any person as a
police officer who was previously dismissed, or resigned or retired
while under investigation, for malfeasance or serious misconduct.

Section 2 amends section 14-109 of the administrative code of the city
of New York by adding a new subdivision c to prohibit the NYPD from
hiring any person as a police officer who was previously dismissed, or
resigned or retired while under investigation, for malfeasance or seri-
ous misconduct.

Section 3 sets forth the effective date.

 
JUSTIFICATION::

According to a 2017 Washington Post study, nearly a quarter of the
police officers who have been dismissed since 2006 across the county
have been reinstated. Such officers have been allowed back into the line
of duty to protect and serve their communities in spite of blatant and
egregious acts that have become all too common, like the killing of
unarmed Black and brown individuals, or the sexual abuse of women in the
back of patrol cars.

It is reprehensible that bad actors can continue to serve in such a
capacity, especially as misconduct increasingly continues to be recorded
and publicized. This trend sends a loud and clear message to the most
vulnerable members of society that they are disposable. Not to go unrec-
ognized, this trend simultaneously tarnishes the reputation of the
majority of upstanding officers who do uphold the safety and best inter-
ests of the people they vow to serve. We are facing an irreparable
schism that is literally tearing apart our cities.

Based on a 2015 Connecticut law, this bill prohibits the hiring of
police officers in New York State who were previously dismissed on the
grounds of malfeasance or serious misconduct by requiring former law
enforcement agencies to disclose to prospective law enforcement agencies
any knowledge of dismissal, resignation, or retirement related to such
malfeasance or misconduct. Malfeasance or serious misconduct includes,
but is not limited to conviction of a felony, fabrication of evidence,
repeated use of excessive force, acceptance of a bribe, and the commis-
sion of fraud.

This piece of legislation also prohibits the hiring of those who have
resigned or retired while under investigation for malfeasance or serious
misconduct.

 
PRIOR LEGISLATIVE HISTORY::

2020: S8513A/A10877 - Died in Rules/Died in Governmental Employees

 
FISCAL IMPLICATIONS::

None.

 
EFFECTIVE DATE::

Immediately.

1 https://www.washingtonpost.com/graphics/2017/investigations/ police-
fired-rehired/

2 https://www.cga.ct.gov/2015/ACT/PA/2015PA-00004-ROOHB-07103SS1-PA.htm

2021-S821 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    821
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. BIAGGI, HOYLMAN, MYRIE, SALAZAR, SEPULVEDA -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Civil Service and Pensions
 
 AN ACT to amend the civil service law and the administrative code of the
   city of New York, in relation to the hiring of certain police officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 58 of the civil service law is amended by adding  a
 new subdivision 7 to read as follows:
   7. (A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR
 LOCAL  LAW  TO THE CONTRARY, NO PERSON SHALL BE ELIGIBLE FOR APPOINTMENT
 AS A POLICE OFFICER WHERE SUCH  PERSON  WAS  PREVIOUSLY  EMPLOYED  AS  A
 POLICE  OFFICER AND WHERE SUCH PERSON: (I) WAS DISMISSED FOR MALFEASANCE
 OR OTHER SERIOUS MISCONDUCT CALLING INTO QUESTION SUCH PERSON'S  FITNESS
 TO  SERVE  AS  A  POLICE  OFFICER; OR (II) RESIGNED OR RETIRED FROM SUCH
 OFFICER'S POSITION WHILE UNDER INVESTIGATION  FOR  SUCH  MALFEASANCE  OR
 OTHER SERIOUS MISCONDUCT.
   (B)  ANY  LAW  ENFORCEMENT  AGENCY  THAT HAS KNOWLEDGE THAT ANY FORMER
 POLICE OFFICER OF SUCH AGENCY WHO: (I) WAS DISMISSED FOR MALFEASANCE  OR
 OTHER  SERIOUS  MISCONDUCT;  OR (II) RESIGNED OR RETIRED FROM SUCH OFFI-
 CER'S POSITION WHILE UNDER INVESTIGATION FOR SUCH MALFEASANCE  OR  OTHER
 SERIOUS MISCONDUCT; AND IS AN APPLICANT FOR THE POSITION OF POLICE OFFI-
 CER WITH ANY OTHER LAW ENFORCEMENT AGENCY, SHALL INFORM SUCH OTHER AGEN-
 CY OF SUCH DISMISSAL, RESIGNATION OR RETIREMENT.
   (C)  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY POLICE
 OFFICER WHO IS EXONERATED OF EACH ALLEGATION  AGAINST  SUCH  OFFICER  OF
 SUCH MALFEASANCE OR OTHER SERIOUS MISCONDUCT.
   (D)  FOR  PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (I) "MALFEASANCE" MEANS THE COMMONLY APPROVED USAGE OF "MALFEASANCE";
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00755-01-1

 S. 821                              2
 
   (II) "SERIOUS MISCONDUCT" MEANS IMPROPER OR ILLEGAL ACTIONS TAKEN BY A
 POLICE OFFICER IN CONNECTION WITH SUCH OFFICER'S  OFFICIAL  DUTIES  THAT
 COULD  RESULT  IN A MISCARRIAGE OF JUSTICE OR DISCRIMINATION, INCLUDING,
 BUT NOT LIMITED TO, (A) A CONVICTION OF A  FELONY,  (B)  FABRICATION  OF
 EVIDENCE,  (C)  REPEATED  USE  OF  EXCESSIVE  FORCE, (D) ACCEPTANCE OF A
 BRIBE, OR (E) THE COMMISSION OF FRAUD; AND
   (III) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY WHICH IS EMPOWERED  BY
 LAW  TO  CONDUCT AN INVESTIGATION OR TO MAKE AN ARREST FOR A FELONY, AND
 ANY AGENCY WHICH IS AUTHORIZED BY LAW TO PROSECUTE OR PARTICIPATE IN THE
 PROSECUTION OF A FELONY.
   § 2. Section 14-109 of the administrative code of the city of New York
 is amended by adding a new subdivision c to read as follows:
   C. (I) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SECTION OF GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, NO PERSON SHALL  BE  ELIGIBLE  FOR
 APPOINTMENT  AS  A  POLICE  OFFICER  WHERE  SUCH  PERSON  WAS PREVIOUSLY
 EMPLOYED AS A POLICE OFFICER AND WHERE SUCH PERSON:  (A)  WAS  DISMISSED
 FOR  MALFEASANCE  OR OTHER SERIOUS MISCONDUCT CALLING INTO QUESTION SUCH
 PERSON'S  FITNESS TO  SERVE  AS  A  POLICE  OFFICER; OR (B) RESIGNED  OR
 RETIRED  FROM  SUCH  OFFICER'S  POSITION WHILE UNDER INVESTIGATION   FOR
 SUCH MALFEASANCE  OR OTHER SERIOUS MISCONDUCT.
   (II)  ANY   LAW   ENFORCEMENT   AGENCY   THAT HAS KNOWLEDGE  THAT  ANY
 FORMER POLICE OFFICER OF SUCH AGENCY WHO: (A)  WAS DISMISSED FOR MALFEA-
 SANCE  OR OTHER SERIOUS MISCONDUCT; OR (B) RESIGNED OR RETIRED FROM SUCH
 OFFICER'S  POSITION  WHILE UNDER INVESTIGATION FOR SUCH  MALFEASANCE  OR
 OTHER  SERIOUS  MISCONDUCT;  AND WHO IS AN APPLICANT FOR THE POSITION OF
 POLICE OFFICER  WITH   ANY OTHER LAW ENFORCEMENT  AGENCY,  SHALL  INFORM
 SUCH OTHER AGENCY OF SUCH DISMISSAL, RESIGNATION OR RETIREMENT.
   (III)  THE  PROVISIONS  OF  THIS  SUBDIVISION SHALL NOT APPLY TO   ANY
 POLICE OFFICER  WHO  IS   EXONERATED   OF EACH ALLEGATION  AGAINST  SUCH
 OFFICER OF SUCH MALFEASANCE OR OTHER SERIOUS MISCONDUCT.
   (IV) FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS  SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "MALFEASANCE" MEANS THE COMMONLY APPROVED USAGE OF "MALFEASANCE";
   (B)  "SERIOUS MISCONDUCT" MEANS IMPROPER OR ILLEGAL ACTIONS TAKEN BY A
 POLICE  OFFICER  IN  CONNECTION WITH SUCH OFFICER'S OFFICIAL DUTIES THAT
 COULD RESULT IN A MISCARRIAGE OF JUSTICE OR  DISCRIMINATION,  INCLUDING,
 BUT  NOT  LIMITED TO, (1) A CONVICTION OF A FELONY, (2)  FABRICATION  OF
 EVIDENCE, (3) REPEATED USE OF  EXCESSIVE  FORCE,  (4)  ACCEPTANCE  OF  A
 BRIBE, OR (5) THE COMMISSION OF FRAUD; AND
   (C)    "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY WHICH IS EMPOWERED BY
 LAW TO CONDUCT AN INVESTIGATION OR TO MAKE AN ARREST FOR A  FELONY,  AND
 ANY AGENCY WHICH IS AUTHORIZED BY LAW TO PROSECUTE OR PARTICIPATE IN THE
 PROSECUTION OF A FELONY.
   § 3. This act shall take effect immediately.

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Senate Bill S821

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

co-Sponsors

2021-S821 (ACTIVE) - Details

2021-S821 (ACTIVE) - Summary

2021-S821 (ACTIVE) - Sponsor Memo

2021-S821 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S821

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Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

co-Sponsors

Brad Hoylman-Sigal

Zellnor Myrie

Julia Salazar

Luis R. Sepúlveda

2021-S821 (ACTIVE) - Details

2021-S821 (ACTIVE) - Summary

2021-S821 (ACTIVE) - Sponsor Memo

2021-S821 (ACTIVE) - Bill Text download pdf

Comments