Requires the attorney general's law enforcement misconduct investigation office identify employees and officers with a practice or pattern of misconduct, use of excessive force, or acts of dishonesty; requires a review of such employees' and officers' cases.
STATE OF NEW YORK
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10735
IN SENATE
November 9, 2026
___________
Introduced by Sen. MYRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to requiring the attorney
general's law enforcement misconduct investigation office identify
employees and officers with a practice or pattern of misconduct and
requires a review of such employees' and officers' cases
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 "Pattern
2 Misconduct Case Review Act".
3 § 2. Paragraph (b) of subdivision 5 of section 75 of the executive
4 law, as added by chapter 104 of the laws of 2020, is amended to read as
5 follows:
6 (b) (i) Upon receiving at least five complaints from five or more
7 individuals relating to at least five separate incidents involving a
8 certain officer or employee within two years, the head of any covered
9 agency shall refer such complaints to the law enforcement misconduct
10 investigative office for review. The law enforcement misconduct investi-
11 gative office shall investigate such complaints to determine whether the
12 subject officer or employee has engaged in a pattern or practice of
13 misconduct, use of excessive force, or acts of dishonesty. The referral
14 and investigation pursuant to this subdivision shall be in addition to
15 and shall not supersede any civil, criminal, administrative or other
16 action or proceeding relating to such complaints or the subject officer
17 or employee.
18 (ii) Upon determining that an officer or employee has engaged in a
19 pattern or practice of misconduct, use of excessive force, or acts of
20 dishonesty, the law enforcement misconduct investigative office shall
21 provide its findings to each district attorney whose jurisdiction may
22 include a misdemeanor criminal action, proceeding or conviction in which
23 such officer or employee materially participated. Within sixty days
24 after receiving such findings or a qualifying request, the district
25 attorney shall conduct an individualized review of each identified
26 misdemeanor matter, disclose relevant findings to the defendant or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16365-01-6
S. 10735 2
1 defense counsel where required or legally permissible, and issue a writ-
2 ten determination stating whether dismissal, modification, consent to
3 vacatur, further investigation or no further action is warranted.
4 (iii) Within sixty days after issuing such determination, the district
5 attorney shall transmit the determination to the law enforcement miscon-
6 duct investigative office for publication on its website and shall make
7 the determination available to the affected defendant and defense coun-
8 sel through any applicable defense or discovery portal, subject to
9 redaction or withholding as required by law.
10 (iv) Nothing in this paragraph shall require the automatic dismissal
11 or vacatur of any charge or conviction, limit the authority of a court,
12 or diminish any right or remedy otherwise available under law.
13 § 3. This act shall take effect immediately.
