S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    478
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law and the  administrative  code  of  the
   city  of  New  York,  in relation to requiring annual reports of legal
   settlement payments related to law enforcement activity

   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. SETTLEMENT REPORTING. 1. THE COMPTROLLER SHALL MAKE AN ANNUAL
 REPORT WHICH DETAILS ALL PAYMENTS MADE FOR LEGAL SETTLEMENTS RELATING TO
 LAW ENFORCEMENT ACTIVITY.  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED
 TO, MONETARY  AMOUNTS,  PLAINTIFFS  AND  NAMED  PARTIES,  AND  SHALL  BE
 PUBLISHED  ON  THE  WEBSITE  OF THE COMPTROLLER, PROVIDED, HOWEVER, THAT
 EVERY PLAINTIFF WHOSE NAME WOULD BE INCLUDED IN THE  REPORT  SHALL  HAVE
 THE  OPTION  TO HAVE A PSEUDONYM USED IN PLACE OF SUCH PLAINTIFF'S NAME.
 ANY NAMED PARTY IN A LEGAL SETTLEMENT RELATING TO LAW ENFORCEMENT ACTIV-
 ITY WHO IS OR WAS A DEFENDANT IN SUCH  ACTION  SHALL  BE  NAMED  IN  THE
 REPORT AND SHALL NOT HAVE THE OPTION TO USE A PSEUDONYM IN PLACE OF SUCH
 DEFENDANT'S  NAME.    AS  USED  IN THIS SECTION, "LAW ENFORCEMENT" MEANS
 EVERY LOCAL POLICE DEPARTMENT, LOCAL CORRECTIONAL FACILITY, EACH  COUNTY
 SHERIFF, THE DIVISION OF THE STATE POLICE, THE DEPARTMENT OF CORRECTIONS
 AND COMMUNITY SUPERVISION, AND EVERY AGENCY THAT EMPLOYS A PEACE OFFICER
 IN THIS STATE.
   2.  THE  PERSON  IN  CHARGE  OF  EVERY  LOCAL POLICE DEPARTMENT, LOCAL
 CORRECTIONAL FACILITY, EACH COUNTY SHERIFF, THE  SUPERINTENDENT  OF  THE
 DIVISION  OF  THE  STATE  POLICE,  THE COMMISSIONER OF THE DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION, AND THE PERSON IN CHARGE OF EVERY
 AGENCY THAT EMPLOYS A PEACE OFFICER IN THIS STATE SHALL PROMPTLY  REPORT
 TO  THE  COMPTROLLER ALL PAYMENTS MADE FOR LEGAL SETTLEMENTS RELATING TO
 LAW ENFORCEMENT ACTIVITY, INCLUDING BUT NOT LIMITED TO, ALL  INFORMATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02335-01-3
              

 A. 478                              2
 
 REQUIRED TO BE REPORTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AND
 DETAILS  AND  DESCRIPTIONS  OF ANY ALLEGATIONS OR MISCONDUCT INVOLVED IN
 EACH CASE, AND SHALL PROVIDE EACH PLAINTIFF THE OPPORTUNITY TO ELECT  TO
 USE  A  PSEUDONYM. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
 FAILURE TO REPORT ALL INFORMATION REQUIRED PURSUANT TO THE PROVISIONS OF
 THIS SUBDIVISION BY A LAW ENFORCEMENT AGENCY SHALL RESULT IN A  LOSS  OF
 BOTH ELIGIBILITY FOR STATE FUNDING AND ACCREDITATION BY THE DIVISION FOR
 SUCH AGENCY. SUCH ELIGIBILITY FOR FUNDING AND ACCREDITATION BY THE DIVI-
 SION SHALL BE RESTORED ONCE SUCH LAW ENFORCEMENT AGENCY IS IN COMPLIANCE
 WITH THE PROVISIONS OF THIS SUBDIVISION.
   3.  THE  COMPTROLLER,  IN  CONSULTATION  WITH THE DIVISION OF CRIMINAL
 JUSTICE SERVICES, SHALL PROMULGATE REGULATIONS TO EFFECTUATE THE REPORT-
 ING OF DATA FROM LAW ENFORCEMENT  DEPARTMENTS  SUFFICIENT  TO  MAKE  THE
 REPORTS REQUIRED BY SUBDIVISION ONE OF THIS SECTION.
   4.  THE  COMPTROLLER  TOGETHER  WITH  THE DIVISION OF CRIMINAL JUSTICE
 SERVICES, SHALL IDENTIFY LAW ENFORCEMENT DEPARTMENTS THAT FAIL TO REPORT
 THE REQUIRED INFORMATION. THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES
 SHALL,  AS PART OF ANY  PROCESS TO ACCREDIT POLICE AGENCIES, REQUIRE ALL
 SUCH AGENCIES TO REPORT ANY SETTLEMENTS AS DESCRIBED UNDER THIS SECTION.
   § 2. The administrative code of the city of New  York  is  amended  by
 adding a new section 14-193 to read as follows:
   § 14-193 SETTLEMENT  REPORTING.  THE  COMPTROLLER SHALL MAKE AN ANNUAL
 REPORT WHICH DETAILS ALL PAYMENTS MADE FOR LEGAL SETTLEMENTS RELATING TO
 LAW ENFORCEMENT ACTIVITY.  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED
 TO, MONETARY AMOUNTS, PLAINTIFFS AND  NAMED  PARTIES,  AND  DETAILS  AND
 DESCRIPTIONS OF ANY ALLEGATIONS OR MISCONDUCT INVOLVED IN EACH CASE, AND
 SHALL BE PUBLISHED ON THE WEBSITE OF THE COMPTROLLER, PROVIDED, HOWEVER,
 THAT  THE  COMPTROLLER SHALL PROVIDE EVERY PLAINTIFF WHOSE NAME WOULD BE
 INCLUDED IN THE REPORT THE OPTION TO HAVE A PSEUDONYM USED IN  PLACE  OF
 SUCH  PLAINTIFF'S NAME.   ANY NAMED PARTY IN A LEGAL SETTLEMENT RELATING
 TO LAW ENFORCEMENT ACTIVITY WHO IS OR WAS A  DEFENDANT  IN  SUCH  ACTION
 SHALL  BE  NAMED  IN  THE  REPORT AND SHALL NOT HAVE THE OPTION TO USE A
 PSEUDONYM  IN  PLACE  OF  SUCH  DEFENDANT'S  NAME.  NOTWITHSTANDING  ANY
 PROVISION  OF  LAW  TO  THE  CONTRARY, FAILURE TO REPORT ALL INFORMATION
 REQUIRED PURSUANT TO THE PROVISIONS OF THIS SECTION BY A LAW ENFORCEMENT
 AGENCY TO THE COMPTROLLER SHALL RESULT IN A LOSS OF BOTH ELIGIBILITY FOR
 CITY FUNDING AND ACCREDITATION FOR SUCH  AGENCY.  SUCH  ELIGIBILITY  FOR
 FUNDING  AND  ACCREDITATION  SHALL BE RESTORED ONCE SUCH LAW ENFORCEMENT
 AGENCY IS IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
   § 3. This act shall take effect immediately.