Requires police officers to maintain liability insurance; excludes police officers from provisions requiring defense and indemnification of state officers and employees.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2220
SPONSOR: Hyndman TITLE OF BILL:
An act to amend the general municipal law, in relation to requiring
police officers to maintain liability insurance; and to amend the public
officers law, in relation to excluding police officers from provisions
requiring defense and indemnification of state officers and employees
PURPOSE OR GENERAL IDEA OF BILL:
To require police officers to carry individual liability insurance.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the General Municipal Law by adding a new section 52-a
to require all police officers obtain liability insurance and maintain
coverage during the course of their employment as a police officer.
Their employer must cover the base rate of the policy.
Section 2 amends section 17, subdivision 1 of the public officers' law
to exclude police officers and peace officers from employees indemnified
and held harmless by the state.
Section 3 sets forth the effective date.
JUSTIFICATION:
Every year, New York City taxpayers spend millions of dollars paying out
claims against NYPD officers for using excessive force, violating civil
rights, making false arrests or imprisonments, and other misconduct.
Between July 2017 and June 2018, New York City paid out $230 million in
6,472 cases, according to a report released by NYC Comptroller
Stringer's Office. Claims against the NYPD represented 360 of all tort
claims in FY 2017-18.1 And while the city pays out millions each year,
officers often face little to no accountability for their actions.
Taxpayers should not be responsible for bailing out police officers who
engage in misconduct. Yet, indemnity provisions in state law protect
officers from any personal liability.
This legislation would exempt police officers and peace officers from
the provisions in the Public Officers Law that hold state employees
harmless in legal judgements filed in state or federal court. Instead,
officers will be required to obtain personal liability insurance that
covers any claims against them for acts or omissions that occur during
the time they are on the clock. The entity that employs them will be
required to cover the base rate of the /Policy. Officers who engage in
misconduct, and as a result have claims brought against them will see
their premium goes up, creating a financial disincentive for misconduct.
Officers who repeatedly engage in misconduct may see their rates go up
until it becomes cost prohibitive, forcing officers to change behaviors
or leave the field of law enforcement.
FISCAL IMPLICATIONS:
To be determined. Localities will have to cover the base rate of the
policy for each officer; however, the cost will be at least partially
offset by a reduction in claims against the locality.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
2220
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the general municipal law, in relation to requiring
police officers to maintain liability insurance; and to amend the
public officers law, in relation to excluding police officers from
provisions requiring defense and indemnification of state officers and
employees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general municipal law is amended by adding a new
2 section 52-a to read as follows:
3 § 52-a. Liability insurance for police officers. Each police officer
4 employed by a city, county, town, village, authority or agency shall
5 obtain a policy of liability insurance. Each appointed police officer
6 must provide proof of liability insurance coverage required by this
7 section and must maintain continuous coverage throughout the course of
8 employment as a police officer. Such insurance shall cover claims
9 against such officer for acts or omissions during any period of time
10 that such officer is performing duties within the scope of employment of
11 such city, county, town, village, authority or agency. The city, county,
12 town, village, authority or agency shall cover the base rate of the
13 policy required by this section.
14 § 2. Subdivision 1 of section 17 of the public officers law is amended
15 by adding a new paragraph (a-1) to read as follows:
16 (a-1) For the purposes of this section, the term "employee" shall not
17 include any police officer or peace officer as such terms are defined in
18 sections 1.20 and 2.10 of the criminal procedure law and section 14-102
19 of the administrative code of the city of New York.
20 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06437-01-3
