NY State Senate Bill 2023-S889

Current Bill Status - In Senate Committee Finance 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to finance
Jan 09, 2023	referred to finance

2023-S889 (ACTIVE) - Details

See Assembly Version of this Bill:: A478
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §837-x, Exec L; add §14-193, NYC Ad Cd
Versions Introduced in 2021-2022 Legislative Session:: S7904, A4586

2023-S889 (ACTIVE) - Summary

Requires annual reports of legal settlement payments related to law enforcement activity; provides 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.

2023-S889 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S889

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
PURPOSE:

To increase transparency of the city and state liabilities in cases of
legal settlements by law enforcement.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section I. Amends the Executive Law to require that the State Comp-
troller publish an annual report of all payments made in legal settle-
ments for law enforcement officials, including monetary amounts and
named parties. Plaintiffs shall be offered the option of having their
cases posted with a pseudonym to protect their privacy Includes
provisions for law enforcement to report to the office of the state

controller any such settlements. Establishes penalties for non-reporting
by police departments, including loss of state funding and accredi-
tation. Sets that the Division of Criminal Justice Services and the
State Comptroller shall cooperate in identifying law enforcement enti-
ties that do not comply.

Section 2. Amends the administrative code of the City of New York to
require the City Comptroller publish an annual report of all payments
made in legal settlements for law enforcement officials, including mone-
tary amounts and named parties. Plaintiffs shall be offered the option
of having their cases posted with a pseudonym to protect their privacy.

Section 3. Sets an immediate effective date.

 
JUSTIFICATION:

New York currently pays millions in legal settlements for the actions of
law enforcement, but because the amounts paid out are only reported to
the public in the aggregate, the public has only a general idea about
what the city and state are paying.

For example, the NYC Comptroller's annual report for 2019 reports mostly
in the aggregate. While wrongful conviction settlements are specifically
listed with parties and amounts, thousands of suits against police and
personal injury claims against the police arc listed only in the aggre-
gate. The total amount is hundreds of millions of dollars. It is impos-
sible for the public to determine whether settlements are equitable, or
if there are any patterns of behavior to be commended or corrected in
terms of police accountability.

This bill would require regular reporting of payments made, and, by
requiring the reporting of discrete cases, it will aid law enforcement
and the public to have a rational and informed discussion as to the
scope of the problem of police accountability and the burden placed upon
the state of such settlements.

 
LEGISLATIVE HISTORY:
S.7904 of 2021-2022 (Hoylman): Died in Finance

A.4586B of 2021-2022 (Cruz): Died in Governmental Operations

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S889 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    889
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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

 S. 889                              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.

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Senate Bill S889

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

2023-S889 (ACTIVE) - Details

2023-S889 (ACTIVE) - Summary

2023-S889 (ACTIVE) - Sponsor Memo

2023-S889 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S889

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Finance Committee

2023-S889 (ACTIVE) - Details

2023-S889 (ACTIVE) - Summary

2023-S889 (ACTIVE) - Sponsor Memo

2023-S889 (ACTIVE) - Bill Text download pdf

Comments