S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6452--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced by M. of A. BURKE, EICHENSTEIN, CLARK, KASSAY, WOERNER, FALL,
   BUTTENSCHON,  P. CARROLL,  McMAHON,  SIMON,  ZINERMAN,  PHEFFER AMATO,
   WEPRIN, BERGER, GRIFFIN, YEGER, JONES,  KAY,  SAYEGH,  WIEDER,  BORES,
   STIRPE,  CONRAD, LUPARDO, ROZIC, HEVESI, JACOBSON, SHIMSKY, SCHIAVONI,
   STECK, LAVINE, WILLIAMS, McDONALD, SIMONE, BRAUNSTEIN, DILAN  --  read
   once  and  referred  to  the  Committee  on Governmental Operations --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend the executive law, in relation to the development of a
   critical incident policy for members of the division of state police
 
   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 214-j
 to read as follows:
   §  214-J. CRITICAL INCIDENT POLICY. 1. THE SUPERINTENDENT SHALL DEVEL-
 OP, MAINTAIN AND DISSEMINATE TO ALL MEMBERS OF  THE  DIVISION  OF  STATE
 POLICE A CRITICAL INCIDENT LEAVE POLICY REQUIRING CRITICAL INCIDENT PAID
 LEAVE  FOR ANY MEMBERS OF THE DIVISION OF STATE POLICE DIRECTLY INVOLVED
 IN A CRITICAL INCIDENT.
   2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  THE  TERM  "CRITICAL  INCIDENT"  SHALL MEAN ANY ACTION TAKEN BY A
 MEMBER OF THE DIVISION OF STATE POLICE DURING THE COURSE OF THE PERFORM-
 ANCE OF THEIR OFFICIAL DUTIES RESULTING IN THE SERIOUS  PHYSICAL  INJURY
 OR DEATH OF ANOTHER PERSON WHERE THE USE OF FORCE WAS JUSTIFIED; AND
   (B)  THE  TERM "CRITICAL INCIDENT PAID LEAVE" SHALL MEAN PAID LEAVE OF
 THIRTY CALENDAR DAYS FOR ANY MEMBER OF  THE  DIVISION  OF  STATE  POLICE
 WHOSE  OFFICIAL ACTIONS WERE THE DIRECT AND PROXIMATE CAUSE OF THE SERI-
 OUS PHYSICAL INJURY OR DEATH  OF  ANOTHER  PERSON,  AND  PAID  LEAVE  OF
 FIFTEEN  CALENDAR  DAYS  FOR  ANY MEMBER OF THE DIVISION OF STATE POLICE
 WHO, ALTHOUGH DIRECTLY INVOLVED IN A  CRITICAL  INCIDENT,  WAS  NOT  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06346-03-5
              

 A. 6452--A                          2
 
 DIRECT  AND  PROXIMATE  CAUSE OF THE SERIOUS PHYSICAL INJURY OR DEATH OF
 ANOTHER PERSON.
   3.  IN  ANY CASE WHERE CRITICAL INCIDENT PAID LEAVE HAS BEEN MADE TO A
 MEMBER OF THE DIVISION OF THE STATE POLICE, AND IT IS THEREAFTER  DETER-
 MINED  THAT  A  CRITICAL  INCIDENT DID NOT OCCUR, THE SUPERINTENDENT MAY
 ORDER THE WITHHOLDING OF FUTURE PAID LEAVE TO SUCH MEMBER, PROVIDED THAT
 THE AMOUNT OF DAYS WITHHELD SHALL NOT BE MORE THAN THE CRITICAL INCIDENT
 PAID LEAVE DAYS THAT WERE ORIGINALLY PROVIDED.
   4. THE SUPERINTENDENT SHALL BE PROHIBITED  FROM  TAKING  ANY  PUNITIVE
 ADMINISTRATIVE ACTION AGAINST ANY MEMBER OF THE DIVISION OF STATE POLICE
 GRANTED  CRITICAL  INCIDENT LEAVE UNDER THIS SECTION SOLELY ON THE BASIS
 OF THE PROVISION OF SUCH LEAVE.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.