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S06771 Summary:

BILL NOS06771
 
SAME ASSAME AS A06463
 
SPONSORJACKSON
 
COSPNSRFAHY, HOYLMAN-SIGAL, RAMOS, RIVERA, SEPULVEDA
 
MLTSPNSR
 
Add §837-y, Exec L
 
Grants immunity from liability and professional retaliation against a law enforcement employee who intervenes against police misconduct committed by another member of law enforcement.
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S06771 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6771
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 24, 2025
                                       ___________
 
        Introduced   by  Sens.  JACKSON,  FAHY,  HOYLMAN-SIGAL,  RAMOS,  RIVERA,
          SEPULVEDA -- read twice and ordered printed, and when  printed  to  be
          committed to the Committee on Codes
 
        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-y
     2  to read as follows:
     3    §  837-y.  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.
                                                                   LBD06303-01-5

        S. 6771                             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 such employee  had  reason-
     7  able cause to intervene against police misconduct and intervened against
     8  such police misconduct.
     9    § 2. This act shall take effect immediately.
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