What's happening
This bill requires police officers to report misconduct by fellow officers and mandates protocols and protections for such reporting.
Why it matters
Creates statewide, standardized reporting and investigation protocols. for police misconduct, reducing inconsistencies between departments and helping ensure all allegations are handled uniformly and transparently.
Mandates legal and employment consequences for officers who fail to report misconduct. , including possible termination and criminal charges, which could significantly increase accountability within police ranks.
Requires safeguards against retaliation for officers who report misconduct. , encouraging whistleblowing by protecting those who come forward, and potentially fostering a culture where bad behavior is less likely to be hidden.
Introduces immediate and formal documentation requirements for misconduct reports. , with forms sent directly to a state division, ensuring reports are not lost or ignored locally and are tracked at a higher level for oversight and analysis.
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Who cares
Police officers
Officers would have to immediately notify their agency when they have reasonable cause to suspect another officer used excessive force or otherwise committed misconduct in an official capacity.
Police agencies
Agencies would have to forward reports to the state and follow standardized procedures for handling, recording and investigating alleged misconduct.
Division of Criminal Justice Services
The division would have to develop a reporting protocol and incident report form, including protections against retaliation for reporting officers.
Police unions
The required protocol would authorize termination and/or criminal charges for failure to report misconduct, notwithstanding contrary labor contract provisions.
Headline styles
Require Police to Report Misconduct
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Police to Report Misconduct
In Senate Committee · Rules · Sponsor Luis R. Sepúlveda
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10597
IN ASSEMBLY
June 5, 2020
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Ramos) -read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to requiring police officers 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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 837 of the executive law is amended by adding a new subdivision 23 to read as follows:
23. 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-v 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 officer 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, notwithstanding any provision of a labor contract to the contrary, shall authorize the police agency to terminate from employment and/or bring criminal charges against the officer who failed to report the misconduct.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16585-01-0
A. 10597 2
§ 2. The executive law is amended by adding a new section 837-v to read as follows:
§ 837-v. Mandatory reporting of misconduct. Every police officer shall be required to report in accordance with this section when he or she has reasonable cause to suspect that a police officer, acting in his or her professional or official capacity, has used excessive force or otherwise acted with misconduct. Whenever such officer is required to report under this section, he or she shall immediately notify his or her police agency, which then shall be responsible to forward such report to the division and to follow the protocol established by the division pursuant to subdivision twenty-three of section eight hundred thirty-seven of this article.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.