Senate Bill S743

2023-2024 Legislative Session

Requires police officers to report the misconduct of a police officer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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-S743 (ACTIVE) - Details

See Assembly Version of this Bill:
A3609
Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Amd §837, add §837-x, Exec L; add §195.01, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8580, A10597
2021-2022: S2186, A3809

2023-S743 (ACTIVE) - Summary

Requires police officers to report the misconduct of a police officer; requires the division of criminal justice to establish a protocol to be followed by police agencies when handling and recording mandatory reports of misconduct by a police officer; establishes the crime of failure to report misconduct by a police officer.

2023-S743 (ACTIVE) - Sponsor Memo

2023-S743 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    743
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by Sens. SEPULVEDA, HOYLMAN -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law, in relation to requiring police offi-
   cers to report the misconduct of a police officer  and  requiring  the
   division of criminal justice to establish a protocol to be followed by
   police  agencies  when  handling  and  recording  mandatory reports of
   misconduct by a police  officer;  and  to  amend  the  penal  law,  in
   relation  to establishing the crime of failure to report misconduct by
   a police officer
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 837 of the executive law is amended by adding a new
 subdivision 24 to read as follows:
   24.  PROMULGATE  A  STANDARDIZED  AND  DETAILED WRITTEN PROTOCOL TO BE
 FOLLOWED BY POLICE AGENCIES FOR THE HANDLING AND RECORDING OF  MANDATORY
 REPORTS  OF  MISCONDUCT  BY  A  POLICE  OFFICER  AS REQUIRED PURSUANT TO
 SECTION EIGHT HUNDRED THIRTY-SEVEN-X OF THIS ARTICLE. THE PROTOCOL SHALL
 INCLUDE PROVISIONS PROTECTING POLICE OFFICERS WHO ARE MANDATED TO REPORT
 MISCONDUCT FROM RETALIATION AGAINST SUCH OFFICER AS A RESULT  OF  FILING
 SUCH  REPORT. THE DIVISION SHALL ALSO PROMULGATE A STANDARDIZED "OFFICER
 MISCONDUCT INCIDENT REPORT FORM" FOR  USE  BY  POLICE  AGENCIES  IN  THE
 REPORTING, RECORDING AND INVESTIGATION OF ALL ALLEGED INCIDENTS OF OFFI-
 CER  MISCONDUCT,  REGARDLESS OF WHETHER AN ARREST IS MADE AS A RESULT OF
 SUCH INVESTIGATION. SUCH FORM SHALL BE PREPARED IN MULTIPLE  PARTS,  ONE
 OF  WHICH  SHALL  BE  IMMEDIATELY  FORWARDED  TO THE DIVISION, AND SHALL
 INCLUDE DESIGNATED SPACES FOR: THE RECORDATION OF  THE  RESULTS  OF  THE
 INVESTIGATION  BY  THE POLICE AGENCY AND THE BASIS FOR ANY ACTION TAKEN;
 THE RECORDATION OF THE REPORTING OFFICER'S  ALLEGATIONS  OF  MISCONDUCT;
 AND  IMMEDIATELY THEREUNDER A SPACE ON WHICH THE REPORTING OFFICER SHALL
 SIGN AND VERIFY HIS OR HER  ALLEGATIONS.  SUCH  PROTOCOL  SHALL  INCLUDE
 PROVISIONS  REGARDING  THE  FAILURE TO REPORT MISCONDUCT WHICH, NOTWITH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02698-01-3
              

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