Senate Bill S2108

2023-2024 Legislative Session

Provides final discipline authority over civilian complaints to the civilian complaint review board

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Cities 1 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-S2108 (ACTIVE) - Details

See Assembly Version of this Bill:
A376
Current Committee:
Senate Cities 1
Law Section:
New York City Charter
Laws Affected:
Amd §§434 & 440, NYC Chart; amd §14-115, NYC Ad Cd
Versions Introduced in 2021-2022 Legislative Session:
S5252, A6012

2023-S2108 (ACTIVE) - Summary

Provides final discipline authority over civilian complaints to the civilian complaint review board; creates a hearing officer and adjudicative body for such complaint review board.

2023-S2108 (ACTIVE) - Sponsor Memo

2023-S2108 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2108
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sens.  BAILEY, RIVERA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Cities 1
 
 AN ACT to amend the New York city charter and the administrative code of
   the city of New  York,  in  relation  to  providing  final  discipline
   authority  over  civilian  complaints to the civilian complaint review
   board
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision a of section 434 of the New York city charter
 is amended to read as follows:
   a. The commissioner shall have cognizance and control of  the  govern-
 ment,  administration, disposition and discipline of the department, and
 of the police force of the department, WITH THE EXCEPTION  OF  DISCIPLI-
 NARY  DETERMINATIONS  AND  ADJUDICATIONS  MADE BY THE CIVILIAN COMPLAINT
 REVIEW BOARD, WHICH SHALL NOT BE WITHIN THE  DISCRETION  OF  THE  POLICE
 COMMISSIONER.
   §  2.  Section 440 of the New York city charter, as added by local law
 number 1 of the city of New York for the year 1993, paragraphs 1, 3  and
 4 of subdivision (b) as amended by section 1, paragraph 3 of subdivision
 (d) as amended by section 4 and subdivision (g) as added by section 5 of
 question  2 of local law number 215 of the city of New York for the year
 2019, paragraphs 1, 2 and 5 of subdivision (c) as amended by  local  law
 number  24 of the city of New York for the year 2022, paragraphs 3 and 6
 of subdivision (c) and paragraphs 1 and 2 of subdivision (d) as  amended
 by local law 47 of the city of New York for the year 2021, is amended to
 read as follows:
   § 440. Public complaints against members of the police department. (a)
 It  is in the interest of the people of the city of New York and the New
 York city police department that the investigation  AND  PROSECUTION  of
 complaints  concerning  misconduct by officers of the department towards
 members of  the  public  be  complete,  thorough  and  impartial.  These
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02350-01-3
              

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