What's happening
This bill establishes standardized procedures for internal investigations of police officers, overriding conflicting collective bargaining agreements.
Why it matters
Overrides existing union contracts. By voiding parts of collective bargaining agreements that conflict with these new standards, the bill reduces the influence of police unions over the rules governing internal investigations, potentially making accountability measures less negotiable.
Mandates prompt and structured investigations. The requirement for immediate commencement of officer and witness questioning ensures that investigations into alleged police misconduct happen quickly, which may improve evidence reliability and public trust.
Eliminates informal or unofficial statements. By prohibiting preliminary or unofficial statements and requiring all statements to be recorded verbatim, the bill aims to create a clear, auditable record, reducing opportunities for miscommunication or manipulation.
Requires separation of officer testimonies. By mandating that involved officers be questioned separately, the bill seeks to prevent officers from coordinating their accounts, thereby increasing the integrity and independence of internal investigations.
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Who cares
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Set Police Investigation Standards
Plain English, a few words. Used as the page title.
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History
- Enacting clause stricken
- Referred to governmental employees
- Referred to governmental employees
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2597
2019-2020 Regular Sessions
IN ASSEMBLY
January 24, 2019
Introduced by M. of A. GANTT -- read once and referred to the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to internal investigative standards and practices for police officers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The civil service law is amended by adding a new section 204-b to read as follows:
§ 204-b. Internal investigative standards and practices for police officers. 1. The legislature hereby finds and declares that the conduct and competence of police officers are matters of vital importance to public safety and welfare and to the maintenance of civil society. These matters are effected with the highest public interest.
2. Notwithstanding any inconsistent provision of law, the following procedures shall apply to investigations of the conduct of a police officer by any police agency, notwithstanding any contrary provision of any collective bargaining agreement. Any collective bargaining agreement or portion thereof inconsistent with the provisions of this section is hereby declared to be void as against public policy.
3. Any investigation into the conduct of a police officer shall be conducted as follows:
(a) questioning and investigation of officers shall commence immediately upon the occurrence of cause therefor;
(b) whenever more than one officer is to be investigated or questioned, all of the involved officers shall be questioned separately;
(c) no preliminary or unofficial statements shall be taken;
(d) all statements shall be recorded verbatim; and
(e) questioning and investigation of non-officer witnesses shall commence immediately upon the occurrence of cause therefor.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00734-01-9
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.