•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

AB3801 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3801
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 8, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  FAHY, AUBRY -- read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the executive law, in relation to law enforcement inter-
          vention against police misconduct
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The executive law is amended by adding a new section 837-x
     2  to read as follows:
     3    § 837-x. Law enforcement intervention against police misconduct.    1.
     4  Definitions.  When used in this section, and unless the specific context
     5  indicates otherwise, the following terms shall have the following  mean-
     6  ings:
     7    (a)  "Police misconduct" means conduct by a law enforcement officer in
     8  the course of an arrest or otherwise in the official  capacity  of  such
     9  law enforcement officer that is:
    10    (i)  excessive,  forceful,  or violent and that is not justified under
    11  section 35.30 of the penal law;
    12    (ii) a false arrest;
    13    (iii) sexual misconduct; or
    14    (iv) witness tampering.
    15    (b) A "law enforcement employee" means:
    16    (i) any employee of the state police department, as defined in section
    17  two hundred twenty-three of this chapter;
    18    (ii) any employee of a county sheriff's department; or
    19    (iii) any employee of a city,  town,  village,  university,  park,  or
    20  public authority's police department.
    21    2.  Immunity from liability and professional retaliation against a law
    22  enforcement employee who intervenes against police misconduct.
    23    (a) Any law enforcement employee who in good faith intervenes  against
    24  police  misconduct  in  compliance with this article shall have immunity
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03482-01-3

        A. 3801                             2
 
     1  from any liability, civil or criminal, that might  otherwise  result  by
     2  reason of such actions.
     3    (b)  A law enforcement agency shall not take any retaliatory personnel
     4  action, as such term is defined in paragraph (e) of subdivision  one  of
     5  section  seven hundred forty of the labor law, against a law enforcement
     6  employee because such employee believes that he or  she  had  reasonable
     7  cause to intervene against police misconduct and intervened against such
     8  police misconduct.
     9    § 2. This act shall take effect immediately.
Go to top