S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6033
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 30, 2023
                                ___________
 
 Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred to
   the Committee on Governmental Employees
 
 AN ACT to amend chapter 753 of the  laws  of  1990  amending  the  civil
   service  law, relating to suspension of police officers pending deter-
   mination of charges; and to amend the civil service law,  in  relation
   to  suspension  of  New  York city police officers without pay pending
   determination of charges
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1 of chapter 753 of the laws of 1990 amending the
 civil service law, relating to suspension  of  police  officers  pending
 determination of charges, is amended to read as follows:
   Section 1. Notwithstanding any other provision of law to the contrary,
 police officers as defined in paragraph (d) of subdivision 34 of section
 1.20  of  the  criminal  procedure  law and as designated members of the
 police department of the city of New York pursuant to section 431 of the
 New York city charter, pending the determination of charges of  incompe-
 tency  or  misconduct may not be suspended for a period exceeding thirty
 days; PROVIDED, HOWEVER, THAT ANY SUCH POLICE OFFICER WHO IS SUBJECT  TO
 A  HEARING  PURSUANT TO SUBDIVISION 3 OF SECTION 75 OF THE CIVIL SERVICE
 LAW WHEREIN THE CHARGES OF INCOMPETENCY OR MISCONDUCT  ARE  DUE  TO  THE
 DEATH OR SERIOUS PHYSICAL INJURY TO A PERSON AS DEFINED IN SECTION 10.00
 OF  THE  PENAL LAW MAY BE SUSPENDED WITHOUT PAY FOR AN INDEFINITE PERIOD
 PENDING THE DETERMINATION OF THE HEARING OF CHARGES OF  INCOMPETENCY  OR
 MISCONDUCT.
   A.  AS  USED  IN  THIS  SECTION, "INDEFINITE PERIOD" MEANS A PERIOD OF
 NINETY DAYS, PROVIDED THAT IF A DETERMINATION OF THE CHARGE OF  INCOMPE-
 TENCY OR MISCONDUCT FROM THE HEARING HAS NOT BEEN MADE DURING THE NINETY
 DAY PERIOD, SUCH PERIOD MAY BE EXTENDED FOR AN ADDITIONAL THIRTY DAYS.
   B.  A  HEARING  PURSUANT  TO  SUBDIVISION 3 OF SECTION 75 OF THE CIVIL
 SERVICE LAW WHEREIN THE CHARGES OF INCOMPETENCY OR MISCONDUCT ARE DUE TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00508-01-3
              

 A. 6033                             2
 
 THE DEATH OR SERIOUS PHYSICAL INJURY TO A PERSON AS DEFINED  IN  SECTION
 10.00  OF  THE  PENAL LAW SHALL BE EXPEDITED.  THE HEARING OFFICER SHALL
 ESTABLISH A HEARING SCHEDULE TO ENSURE THAT THIS  EXPEDITED  HEARING  IS
 COMPLETED WITHIN THE REQUIRED TIMEFRAMES.
   C. IF, AFTER THE HEARING OF THE CHARGES OF INCOMPETENCY OR MISCONDUCT,
 IT  IS  DETERMINED THAT THE OFFICER WAS FOUND TO NOT HAVE ACTED INCOMPE-
 TENTLY OR COMMITTED AN ACT OF MISCONDUCT, SUCH OFFICER SHALL BE RESTORED
 TO HIS OR HER POSITION WITH FULL PAY FOR THE PERIOD OF  SUSPENSION  LESS
 THE  AMOUNT  OF  ANY  UNEMPLOYMENT INSURANCE BENEFITS HE OR SHE MAY HAVE
 RECEIVED DURING SUCH PERIOD.
   § 2. Subdivision 3-a of section 75 of the civil service law, as  added
 by chapter 753 of the laws of 1990, is amended to read as follows:
   3-a.  Suspension pending determination of charges and penalties relat-
 ing to police officers of the police department of the city of New York.
 Pending the hearing and determination  of  charges  of  incompetency  or
 misconduct,  a  police  officer employed by the police department of the
 city of New York may be suspended without pay for a period not exceeding
 thirty days; PROVIDED HOWEVER, THAT SUCH OFFICER WHO IS SUBJECT TO  SUCH
 HEARING  WHEREIN  SUCH CHARGES OF INCOMPETENCY OR MISCONDUCT ARE BROUGHT
 ABOUT AS A RESULT OF THE DEATH OR SERIOUS PHYSICAL INJURY TO A PERSON AS
 DEFINED IN SECTION 10.00 OF THE PENAL LAW MAY BE SUSPENDED  WITHOUT  PAY
 FOR AN INDEFINITE PERIOD PENDING THE DETERMINATION OF A CHARGE OF INCOM-
 PETENCY OR MISCONDUCT.
   A.  AS  USED  IN  THIS  SECTION, "INDEFINITE PERIOD" MEANS A PERIOD OF
 NINETY DAYS, PROVIDED THAT IF A DETERMINATION OF THE CHARGE OF  INCOMPE-
 TENCY OR MISCONDUCT FROM THE HEARING HAS NOT BEEN MADE DURING THE NINETY
 DAY PERIOD, SUCH PERIOD MAY BE EXTENDED FOR AN ADDITIONAL THIRTY DAYS.
   B.  A  HEARING  PURSUANT  TO  THIS  SUBDIVISION WHEREIN THE CHARGES OF
 INCOMPETENCY OR MISCONDUCT ARE DUE TO  THE  DEATH  OR  SERIOUS  PHYSICAL
 INJURY TO A PERSON AS DEFINED IN SECTION 10.00 OF THE PENAL LAW SHALL BE
 EXPEDITED.    THE  HEARING OFFICER SHALL ESTABLISH A HEARING SCHEDULE TO
 ENSURE THAT THIS EXPEDITED HEARING  IS  COMPLETED  WITHIN  THE  REQUIRED
 TIMEFRAMES.
   C. IF, AFTER THE HEARING OF THE CHARGES OF INCOMPETENCY OR MISCONDUCT,
 IT  IS  DETERMINED THAT THE OFFICER WAS FOUND TO NOT HAVE ACTED INCOMPE-
 TENTLY OR COMMITTED AN ACT OF MISCONDUCT, SUCH OFFICER SHALL BE RESTORED
 TO HIS OR HER POSITION WITH FULL PAY FOR THE PERIOD OF  SUSPENSION  LESS
 THE  AMOUNT  OF  ANY  UNEMPLOYMENT INSURANCE BENEFITS HE OR SHE MAY HAVE
 RECEIVED DURING SUCH PERIOD. If such officer  is  found  guilty  of  the
 charges,  the  police  commissioner  of  such  department may punish the
 police officer pursuant to the provisions of sections 14-115 and  14-123
 of the administrative code of the city of New York.
   § 3. If any item, clause, sentence, subparagraph, subdivision, section
 or  other  part of this act, or the application thereof to any person or
 circumstances shall be held  to  be  invalid,  such  holding  shall  not
 affect,  impair or invalidate the remainder of this act, or the applica-
 tion of such section or part of a section held  invalid,  to  any  other
 person  or  circumstances, but shall be confined in its operation to the
 item, clause, sentence, subparagraph, subdivision, section or other part
 of this act directly involved in such holding,  or  to  the  person  and
 circumstances therein involved.
   §  4.  This act shall take effect immediately and shall apply to cases
 pending or arising on or after such effective date.