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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1047
SPONSOR: Ramos 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:
Section 1 amends section 837 of the executive law by adding a new subdi-
vision 24 which calls for a standardized and detailed written protocol
to be followed by police agencies handling and recording of mandatory
reports of misconduct by a police officer. It shall include provisions
protecting police officers that are mandated to report misconduct from
retaliation against such officer because of filing such report. DCJ is
to also promulgate an "officer misconduct incident report form" for use
by police agencies in the reporting, recording and investigation of
alleged incidents of officer misconduct, regardless if an arrest is made
due to the investigation.
The form is to be prepared in multiple parts, one of which shall be
immediately forwarded to the division. The protocols shall include
provision regarding failing to report misconduct and shall authorize the
police agency to terminate employment and/or bring criminal charges
against the officer who failed to report the misconduct.
Section 2 adds a new section 837-y requires that every police officer
shall report incidents of misconduct when they have reasonable cause to
suspect that a police officer, acting in their official capacity, has
used excessive force or otherwise acted with misconduct in relation to
the use of excessive force. Whenever such officer is required to report
misconduct, they shall immediately notify their policy agency, which
then shall be responsible to forward the report to DCJ and follow the
protocols established by the division. Failure by a police officer to
comply with these requirements shall be charged with failure to report
misconduct. by a police officer pursuant to section 195.01 of the penal
law.
Section 3 of the penal law is amended by adding a new section 195.01
failure to report misconduct by a police officer which will be when he
or she has reasonable cause to suspect that a police officer has used
excessive force while in their official or professional capacity or
fails to report misconduct pursuant to section 837-y. Failure would be a
class D felony.
Section 4 states the effective date.
JUSTIFICATION:
Incidents of police misconduct are a systemic problem. Although many
police misconduct complaints are lodged by civilians, the well-known
"Code of silence" among police officers which implies an informal rule
among them not to report on their fellow officer's mistakes, misconducts
or crimes; lends to less police officers reporting incidents of miscon-
duct of their peers. This legislation-would make it mandatory for police
officers to report misconduct by a fellow police officer. Failing to do
could result in employment termination and/or criminal charges brought
against the officer who failed to report the misconduct.
PRIOR LEGISLATIVE HISTORY:
A.3609 of 2023-24 referred to governmental operations
A.3809A of 2022 referred to governmental operations
A.10597 of 2020: referred to governmental operations
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1047
2025-2026 Regular Sessions
IN ASSEMBLY
January 8, 2025
___________
Introduced by M. of A. RAMOS, JACKSON, MEEKS, FORREST, GIBBS, ANDERSON
-- read once and referred to the Committee on Governmental Operations
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:
1 Section 1. Section 837 of the executive law is amended by adding a new
2 subdivision 24 to read as follows:
3 24. Promulgate a standardized and detailed written protocol to be
4 followed by police agencies for the handling and recording of mandatory
5 reports of misconduct by a police officer as required pursuant to
6 section eight hundred thirty-seven-y of this article. The protocol shall
7 include provisions protecting police officers who are mandated to report
8 misconduct from retaliation against such officer as a result of filing
9 such report. The division shall also promulgate a standardized "officer
10 misconduct incident report form" for use by police agencies in the
11 reporting, recording and investigation of all alleged incidents of offi-
12 cer misconduct, regardless of whether an arrest is made as a result of
13 such investigation. Such form shall be prepared in multiple parts, one
14 of which shall be immediately forwarded to the division, and shall
15 include designated spaces for: the recordation of the results of the
16 investigation by the police agency and the basis for any action taken;
17 the recordation of the reporting officer's allegations of misconduct;
18 and immediately thereunder a space on which the reporting officer shall
19 sign and verify such officer's allegations. Such protocol shall include
20 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.
LBD00334-01-5
A. 1047 2
1 standing any provision of a labor contract to the contrary, shall
2 authorize the police agency to terminate from employment and/or bring
3 criminal charges against the officer who failed to report the miscon-
4 duct.
5 § 2. The executive law is amended by adding a new section 837-y to
6 read as follows:
7 § 837-y. Mandatory reporting of misconduct. Every police officer shall
8 be required to report in accordance with this section when such officer
9 has reasonable cause to suspect that a police officer, acting in such
10 officer's professional or official capacity, has used excessive force or
11 otherwise acted with misconduct in relation to the use of excessive
12 force. Whenever such officer is required to report under this section,
13 such officer shall immediately notify such officer's police agency,
14 which then shall be responsible to forward such report to the division
15 and to follow the protocol established by the division pursuant to
16 subdivision twenty-four of section eight hundred thirty-seven of this
17 article. A police officer who fails to comply with the requirements of
18 this section shall be charged with failure to report misconduct by a
19 police officer pursuant to section 195.01 of the penal law.
20 § 3. The penal law is amended by adding a new section 195.01 to read
21 as follows:
22 § 195.01 Failure to report misconduct by a police officer.
23 A police officer is guilty of failure to report misconduct by a police
24 officer when such officer:
25 1. has reasonable cause to suspect that a police officer, acting in
26 such officer's professional or official capacity, has used excessive
27 force or otherwise acted with misconduct in relation to the use of
28 excessive force; and
29 2. fails to report such misconduct as required pursuant to section
30 eight hundred thirty-seven-y of the executive law.
31 Failure to report misconduct by a police officer is a class D felony.
32 § 4. This act shall take effect immediately.
