Assembly Bill A1648

2023-2024 Legislative Session

Relates to eligibility for appointment as a police officer

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A1648 (ACTIVE) - Details

See Senate Version of this Bill:
S4446
Current Committee:
Assembly Governmental Employees
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: A10877, S8513
2021-2022: A2490, S821

2023-A1648 (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.

2023-A1648 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1648
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Governmental Employees
 
 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";
   (II) "SERIOUS MISCONDUCT" MEANS IMPROPER OR ILLEGAL ACTIONS TAKEN BY A
 POLICE  OFFICER  IN  CONNECTION WITH SUCH OFFICER'S OFFICIAL DUTIES THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04009-01-3

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