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A07244 Summary:

BILL NOA07244
 
SAME ASNo Same As
 
SPONSORChandler-Waterman
 
COSPNSR
 
MLTSPNSR
 
Amd §75, Civ Serv L
 
Relates to the re-assignment of police officers pending certain investigations of incompetency or misconduct involving egregious behavior including, but not limited to, police brutality, intimidation, racial profiling, planting or fabricating evidence, unwarranted search and seizure, violating department procedures, and abuse of authority, and provides for an expeditious investigation of such incidents.
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A07244 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7244
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 21, 2025
                                       ___________
 
        Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred to
          the Committee on Governmental Employees
 
        AN ACT to amend the civil service law, in relation to the  re-assignment
          of police officers pending certain investigations and hearings
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as  the  "one  bad
     2  apple police bad behavior prevention law".
     3    §  2.  Section  75 of the civil service law is amended by adding a new
     4  subdivision 3-b to read as follows:
     5    3-b. Re-assignment of police officers pending investigation. (a) If  a
     6  video  or  other  evidence  exists identifying a police or peace officer
     7  engaging in egregious behavior including, but  not  limited  to,  police
     8  brutality,  intimidation,  racial  profiling,  planting  or  fabricating
     9  evidence, unwarranted search and seizure,  violating  department  proce-
    10  dures, and abuse of authority, the commissioner of police, chief officer
    11  of  the department or any officer so authorized to execute such an order
    12  shall relieve the officer of such officer's weapon and badge, and assign
    13  the officer to desk duty pending the investigation of  and  hearing  and
    14  determination of charges of incompetency or misconduct.
    15    (b)  When  an incident involving conduct described in paragraph (a) of
    16  this subdivision occurs, the department  shall  conduct  an  expeditious
    17  preliminary  investigation  to determine whether charges of incompetency
    18  or misconduct should be brought against the officer. If the  preliminary
    19  investigation  determines that charges should not be brought against the
    20  officer, the department may restore  the  officer  to  full  status  and
    21  return  such  officer's  weapon and badge.   If the preliminary investi-
    22  gation determines that charges should be brought  against  the  officer,
    23  the  investigation  and hearing of charges of incompetency or misconduct
    24  shall proceed and the department shall not restore the officer  to  full
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07115-01-5

        A. 7244                             2
 
     1  status  nor return such officer's weapon and badge until a determination
     2  regarding charges of incompetency or misconduct has been made.
     3    §  3.  This act shall take effect immediately and shall apply to cases
     4  pending or arising on or after such effective date.
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