Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 03, 2024 |
referred to codes |
Jan 06, 2023 |
referred to codes |
Senate Bill S743
2023-2024 Legislative Session
Sponsored By
(D) 32nd Senate District
Current Bill Status - In Senate Committee Codes Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D, WF) 47th Senate District
2023-S743 (ACTIVE) - Details
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
BILL NUMBER: S743 SPONSOR: SEPULVEDA TITLE OF BILL: 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 miscon- duct by a police officer; and to amend the penal law, in relation to establishing the crime of failure to report misconduct by a police offi- cer PURPOSE OR GENERAL IDEA OF BILL: Requiring police officers to report incidents of wrongdoing by a police officer and requiring DCJ to institute practices to be followed by police agencies when managing and logging such mandated reports of misconduct by a police officer and establishing the crime of failure to report misconduct by a police officer. SUMMARY OF PROVISIONS:
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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