Relates to reducing a correction officer's pension to satisfy certain judgments from the death or hospitalization of an incarcerated individual; provides that a correction officer's pension may be reduced to no less than $20,000 to satisfy a judgment; provides that a court shall hold a hearing to determine the amount of the reduction.
STATE OF NEW YORK
________________________________________________________________________
7425
2025-2026 Regular Sessions
IN ASSEMBLY
March 26, 2025
___________
Introduced by M. of A. GIBBS -- read once and referred to the Committee
on Governmental Employees
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 5 of the constitution, in relation to
reducing a correction officer's pension to satisfy certain judgments
1 Section 1. Resolved (if the Senate concur), That section 7 of article
2 5 of the constitution be amended by adding a new subdivision (e) to read
3 as follows:
4 (e) (i) Notwithstanding subdivision (a) of this section, the public
5 pension of a correction officer, as defined in paragraph (ii) of this
6 subdivision, who is found liable for the death or hospitalization of an
7 incarcerated individual, may be reduced to no less than twenty thousand
8 dollars to satisfy any judgment against such correction officer prior to
9 the payment of any public funds, following notice and a hearing by an
10 appropriate court, as provided by law. The court determination whether
11 to reduce such pension shall be based on the consideration of factors
12 including the severity of such correction officer's actions and the
13 proportionality of a reduction of such pension to such actions. When a
14 court issues an order to reduce such pension, the court shall consider
15 and determine specific findings as to the amount of such reduction, if
16 any, and whether the reduction would result in undue hardship or other
17 inequity upon any dependent children, spouse or other dependents; and
18 other factors as provided by law. The legislature shall enact legis-
19 lation to implement this amendment.
20 (ii) For the purposes of paragraph (i) of this subdivision, the term
21 "correction officer" shall mean a person employed by the state or a
22 political subdivision thereof and is charged with the duty of maintain-
23 ing the custody and supervision of persons detained or confined in a
24 state or local correctional facility.
25 (iii) Paragraph (i) of this subdivision shall only apply to actions
26 filed on or after the first of January next succeeding the date upon
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89110-01-5
A. 7425 2
1 which the people shall approve and ratify the amendment to the constitu-
2 tion that added this subdivision.
3 § 2. Resolved (if the Senate concur), That the foregoing amendment be
4 referred to the first regular legislative session convening after the
5 next succeeding general election of members of the assembly, and, in
6 conformity with section 1 of article 19 of the constitution, be
7 published for 3 months previous to the time of such election.
