Assembly Bill A3801

2023-2024 Legislative Session

Grants immunity to law enforcement employees who intervene against police misconduct

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-A3801 (ACTIVE) - Details

See Senate Version of this Bill:
S1987
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §837-x, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10630, S8576
2021-2022: A2558, S1990

2023-A3801 (ACTIVE) - Summary

Grants immunity from liability and professional retaliation against a law enforcement employee who intervenes against police misconduct committed by another member of law enforcement.

2023-A3801 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3801
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  FAHY, AUBRY -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to law enforcement inter-
   vention against police misconduct
 
   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. LAW ENFORCEMENT INTERVENTION AGAINST POLICE MISCONDUCT.    1.
 DEFINITIONS.  WHEN USED IN THIS SECTION, AND UNLESS THE SPECIFIC CONTEXT
 INDICATES OTHERWISE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING  MEAN-
 INGS:
   (A)  "POLICE MISCONDUCT" MEANS CONDUCT BY A LAW ENFORCEMENT OFFICER IN
 THE COURSE OF AN ARREST OR OTHERWISE IN THE OFFICIAL  CAPACITY  OF  SUCH
 LAW ENFORCEMENT OFFICER THAT IS:
   (I)  EXCESSIVE,  FORCEFUL,  OR VIOLENT AND THAT IS NOT JUSTIFIED UNDER
 SECTION 35.30 OF THE PENAL LAW;
   (II) A FALSE ARREST;
   (III) SEXUAL MISCONDUCT; OR
   (IV) WITNESS TAMPERING.
   (B) A "LAW ENFORCEMENT EMPLOYEE" MEANS:
   (I) ANY EMPLOYEE OF THE STATE POLICE DEPARTMENT, AS DEFINED IN SECTION
 TWO HUNDRED TWENTY-THREE OF THIS CHAPTER;
   (II) ANY EMPLOYEE OF A COUNTY SHERIFF'S DEPARTMENT; OR
   (III) ANY EMPLOYEE OF A CITY,  TOWN,  VILLAGE,  UNIVERSITY,  PARK,  OR
 PUBLIC AUTHORITY'S POLICE DEPARTMENT.
   2.  IMMUNITY FROM LIABILITY AND PROFESSIONAL RETALIATION AGAINST A LAW
 ENFORCEMENT EMPLOYEE WHO INTERVENES AGAINST POLICE MISCONDUCT.
   (A) ANY LAW ENFORCEMENT EMPLOYEE WHO IN GOOD FAITH INTERVENES  AGAINST
 POLICE  MISCONDUCT  IN  COMPLIANCE WITH THIS ARTICLE SHALL HAVE IMMUNITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03482-01-3
 A. 3801                             2

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