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S09774 Summary:

BILL NOS09774
 
SAME ASSAME AS A00204-A
 
SPONSORSEPULVEDA
 
COSPNSR
 
MLTSPNSR
 
Add §838-c, Exec L; add §14-198.1, 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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S09774 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9774
 
                    IN SENATE
 
                                      April 6, 2026
                                       ___________
 
        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
 
        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  838-c
     2  to read as follows:
     3    § 838-c. 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
    24  law  enforcement activity, including but not limited to, all information
    25  required to be reported pursuant to subdivision one of this section, and
    26  details and descriptions of any allegations or  misconduct  involved  in
    27  each  case, and shall provide each plaintiff the opportunity to elect to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00732-03-6

        S. 9774                             2

     1  use a pseudonym. Notwithstanding any provision of law to  the  contrary,
     2  failure to report all information required pursuant to the provisions of
     3  this  subdivision  by a law enforcement agency shall result in a loss of
     4  both eligibility for state funding and accreditation by the division for
     5  such agency. Such eligibility for funding and accreditation by the divi-
     6  sion shall be restored once such law enforcement agency is in compliance
     7  with the provisions of this subdivision.
     8    3.  The  comptroller,  in  consultation  with the division of criminal
     9  justice services, shall promulgate regulations to effectuate the report-
    10  ing of data from law enforcement  departments  sufficient  to  make  the
    11  reports required by subdivision one of this section.
    12    4.  The  comptroller  together  with  the division of criminal justice
    13  services, shall identify law enforcement departments that fail to report
    14  the required information. The  division  of  criminal  justice  services
    15  shall,  as part of any  process to accredit police agencies, require all
    16  such agencies to report any settlements as described under this section.
    17    § 2. The administrative code of the city of New  York  is  amended  by
    18  adding a new section 14-198.1 to read as follows:
    19    § 14-198.1 Settlement  reporting. The comptroller shall make an annual
    20  report which details all payments made for legal settlements relating to
    21  law enforcement activity.  Such report shall include, but not be limited
    22  to, monetary amounts, plaintiffs and  named  parties,  and  details  and
    23  descriptions of any allegations or misconduct involved in each case, and
    24  shall be published on the website of the comptroller, provided, however,
    25  that  the  comptroller shall provide every plaintiff whose name would be
    26  included in the report the option to have a pseudonym used in  place  of
    27  such  plaintiff's name.   Any named party in a legal settlement relating
    28  to law enforcement activity who is or was a  defendant  in  such  action
    29  shall  be  named  in  the  report and shall not have the option to use a
    30  pseudonym  in  place  of  such  defendant's  name.  Notwithstanding  any
    31  provision  of  law  to  the  contrary, failure to report all information
    32  required pursuant to the provisions of this section by a law enforcement
    33  agency to the comptroller shall result in a loss of both eligibility for
    34  city funding and accreditation for such  agency.  Such  eligibility  for
    35  funding  and  accreditation  shall be restored once such law enforcement
    36  agency is in compliance with the provisions of this section.
    37    § 3. This act shall take effect immediately.
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