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A00204 Summary:

BILL NOA00204
 
SAME ASNo Same As
 
SPONSORCruz
 
COSPNSR
 
MLTSPNSR
 
Add §837-y, Exec L; add §14-198, NYC Ad Cd
 
Requires annual reports of legal settlement payments related to law enforcement activity; provides such report shall include, but not be limited to, monetary amounts, plaintiffs and named parties, and shall be published on the website of the comptroller.
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A00204 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           204
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Governmental Operations
 
        AN ACT to amend the executive law and the  administrative  code  of  the
          city  of  New  York,  in relation to requiring annual reports of legal
          settlement payments related to law enforcement activity
 
          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-y
     2  to read as follows:
     3    § 837-y. Settlement reporting. 1. The comptroller shall make an annual
     4  report which details all payments made for legal settlements relating to
     5  law enforcement activity.  Such report shall include, but not be limited
     6  to, monetary  amounts,  plaintiffs  and  named  parties,  and  shall  be
     7  published  on  the  website  of the comptroller, provided, however, that
     8  every plaintiff whose name would be included in the  report  shall  have
     9  the  option  to have a pseudonym used in place of such plaintiff's name.
    10  Any named party in a legal settlement relating to law enforcement activ-
    11  ity who is or was a defendant in such  action  shall  be  named  in  the
    12  report and shall not have the option to use a pseudonym in place of such
    13  defendant's  name.    As  used  in this section, "law enforcement" means
    14  every local police department, local correctional facility, each  county
    15  sheriff, the division of the state police, the department of corrections
    16  and community supervision, and every agency that employs a peace officer
    17  in this state.
    18    2.  The  person  in  charge  of  every  local police department, local
    19  correctional facility, each county sheriff, the  superintendent  of  the
    20  division  of  the  state  police,  the commissioner of the department of
    21  corrections and community supervision, and the person in charge of every
    22  agency that employs a peace officer in this state shall promptly  report
    23  to  the  comptroller all payments made for legal settlements relating to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00732-01-5

        A. 204                              2
 
     1  law enforcement activity, including but not limited to, all  information
     2  required to be reported pursuant to subdivision one of this section, and
     3  details  and  descriptions  of any allegations or misconduct involved in
     4  each  case, and shall provide each plaintiff the opportunity to elect to
     5  use a pseudonym. Notwithstanding any provision of law to  the  contrary,
     6  failure to report all information required pursuant to the provisions of
     7  this  subdivision  by a law enforcement agency shall result in a loss of
     8  both eligibility for state funding and accreditation by the division for
     9  such agency. Such eligibility for funding and accreditation by the divi-
    10  sion shall be restored once such law enforcement agency is in compliance
    11  with the provisions of this subdivision.
    12    3. The comptroller, in consultation  with  the  division  of  criminal
    13  justice services, shall promulgate regulations to effectuate the report-
    14  ing  of  data  from  law  enforcement departments sufficient to make the
    15  reports required by subdivision one of this section.
    16    4. The comptroller together with  the  division  of  criminal  justice
    17  services, shall identify law enforcement departments that fail to report
    18  the  required  information.  The  division  of criminal justice services
    19  shall, as part of any  process to accredit police agencies, require  all
    20  such agencies to report any settlements as described under this section.
    21    §  2.  The  administrative  code of the city of New York is amended by
    22  adding a new section 14-198 to read as follows:
    23    § 14-198 Settlement reporting. The comptroller shall  make  an  annual
    24  report which details all payments made for legal settlements relating to
    25  law enforcement activity.  Such report shall include, but not be limited
    26  to,  monetary  amounts,  plaintiffs  and  named parties, and details and
    27  descriptions of any allegations or misconduct involved in each case, and
    28  shall be published on the website of the comptroller, provided, however,
    29  that the comptroller shall provide every plaintiff whose name  would  be
    30  included  in  the report the option to have a pseudonym used in place of
    31  such plaintiff's name.  Any named party in a legal  settlement  relating
    32  to  law  enforcement  activity  who is or was a defendant in such action
    33  shall be named in the report and shall not have  the  option  to  use  a
    34  pseudonym  in  place  of  such  defendant's  name.  Notwithstanding  any
    35  provision of law to the contrary,  failure  to  report  all  information
    36  required pursuant to the provisions of this section by a law enforcement
    37  agency to the comptroller shall result in a loss of both eligibility for
    38  city  funding  and  accreditation  for such agency. Such eligibility for
    39  funding and accreditation shall be restored once  such  law  enforcement
    40  agency is in compliance with the provisions of this section.
    41    § 3. This act shall take effect immediately.
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