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S08514 Summary:

BILL NOS08514
 
SAME ASSAME AS A05132
 
SPONSORSALAZAR
 
COSPNSRBRISPORT, CLEARE, GONZALEZ, SEPULVEDA
 
MLTSPNSR
 
Amd §58, Civ Serv L; amd §14-109, NYC Ad Cd
 
Provides that no person shall be eligible for appointment as a police officer who was previously employed as a police officer and who: was dismissed for malfeasance or other serious misconduct calling into question such person's fitness to serve as a police officer; or resigned or retired from such officer's position while under investigation for such malfeasance or other serious misconduct; defines terms; makes related provisions.
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S08514 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8514
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                   September 24, 2025
                                       ___________
 
        Introduced  by  Sens.  SALAZAR, BRISPORT, CLEARE, GONZALEZ, SEPULVEDA --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Rules
 
        AN ACT to amend the civil service law and the administrative code of the
          city of New York, in relation to the hiring of certain police officers

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 58 of the civil service law is amended by adding  a
     2  new subdivision 7 to read as follows:
     3    7. (a) Notwithstanding the provisions of any other general, special or
     4  local  law  to the contrary, no person shall be eligible for appointment
     5  as a police officer where such  person  was  previously  employed  as  a
     6  police  officer and where such person: (i) was dismissed for malfeasance
     7  or other serious misconduct calling into question such person's  fitness
     8  to  serve  as  a  police  officer; or (ii) resigned or retired from such
     9  officer's position while under investigation  for  such  malfeasance  or
    10  other serious misconduct.
    11    (b)  Any  law  enforcement  agency  that has knowledge that any former
    12  police officer of such agency who: (i) was dismissed for malfeasance  or
    13  other  serious  misconduct;  or (ii) resigned or retired from such offi-
    14  cer's position while under investigation for such malfeasance  or  other
    15  serious misconduct; and is an applicant for the position of police offi-
    16  cer with any other law enforcement agency, shall inform such other agen-
    17  cy of such dismissal, resignation or retirement.
    18    (c)  The  provisions of this subdivision shall not apply to any police
    19  officer who is exonerated of each allegation  against  such  officer  of
    20  such malfeasance or other serious misconduct.
    21    (d)  For  purposes of this subdivision, the following terms shall have
    22  the following meanings:
    23    (i) "malfeasance" means the commonly approved usage of "malfeasance";
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07573-01-5

        S. 8514                             2
 
     1    (ii) "serious misconduct" means improper or illegal actions taken by a
     2  police officer in connection with such officer's  official  duties  that
     3  could  result  in a miscarriage of justice or discrimination, including,
     4  but not limited to, (A) a conviction of a  felony,  (B)  fabrication  of
     5  evidence,  (C)  repeated  use  of  excessive  force, (D) acceptance of a
     6  bribe, or (E) the commission of fraud; and
     7    (iii) "law enforcement agency" means any agency which is empowered  by
     8  law  to  conduct an investigation or to make an arrest for a felony, and
     9  any agency which is authorized by law to prosecute or participate in the
    10  prosecution of a felony.
    11    § 2. Section 14-109 of the administrative code of the city of New York
    12  is amended by adding a new subdivision c to read as follows:
    13    c. (i) Notwithstanding the provisions of any other section of general,
    14  special or local law to the contrary, no person shall  be  eligible  for
    15  appointment  as  a  police  officer  where  such  person  was previously
    16  employed as a police officer and where such person:  (a)  was  dismissed
    17  for  malfeasance  or other serious misconduct calling into question such
    18  person's  fitness to  serve  as  a  police  officer; or (b) resigned  or
    19  retired  from  such  officer's  position while under investigation   for
    20  such malfeasance  or other serious misconduct.
    21    (ii)  Any   law   enforcement   agency   that has knowledge  that  any
    22  former police officer of such agency who: (a)  was dismissed for malfea-
    23  sance  or other serious misconduct; or (b) resigned or retired from such
    24  officer's  position  while under investigation for such  malfeasance  or
    25  other  serious  misconduct;  and who is an applicant for the position of
    26  police officer  with   any other law enforcement  agency,  shall  inform
    27  such other agency of such dismissal, resignation or retirement.
    28    (iii)  The  provisions  of  this  subdivision shall not apply to   any
    29  police officer  who  is   exonerated   of each allegation  against  such
    30  officer of such malfeasance or other serious misconduct.
    31    (iv) For purposes of this subdivision, the following terms  shall have
    32  the following meanings:
    33    (A) "malfeasance" means the commonly approved usage of "malfeasance";
    34    (B)  "serious misconduct" means improper or illegal actions taken by a
    35  police  officer  in  connection with such officer's official duties that
    36  could result in a miscarriage of justice or  discrimination,  including,
    37  but  not  limited to, (1) a conviction of a felony, (2)  fabrication  of
    38  evidence, (3) repeated use of  excessive  force,  (4)  acceptance  of  a
    39  bribe, or (5) the commission of fraud; and
    40    (C)    "law enforcement agency" means any agency which is empowered by
    41  law to conduct an investigation or to make an arrest for a  felony,  and
    42  any agency which is authorized by law to prosecute or participate in the
    43  prosecution of a felony.
    44    § 3. This act shall take effect immediately.
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