Requires police officers to report the misconduct of a police officer; requires the division of criminal justice to establish a protocol to be followed by police agencies when handling and recording mandatory reports of misconduct by a police officer.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10597
SPONSOR: Rules (Ramos) TITLE OF BILL:
An act to amend the executive law, in relation to requiring police offi-
cers to report the misconduct of a police officer and requiring the
division of criminal justice to establish a protocol to be followed by
police agencies when handling and recording mandatory reports of miscon-
duct by a police officer
PURPOSE OR GENERAL IDEA OF BILL:
Requiring police officers to report incidents of wrongdoing by a police
officer and requiring DCJ to institute practices to be followed by
police agencies when managing and logging such mandated reports of
misconduct by a police officer.
SUMMARY OF PROVISIONS:
Section 1 amends section 837 of the executive law by adding a new subdi-
vision 23 which calls for a standardized and detailed written protocol
to be followed by police agencies handling and recording of mandatory
reports of misconduct by a police officer. It shall include provisions
protecting police officers that are mandated to report misconduct from
retaliation against such officer as a result of filing such report. DCJ
is to also promulgate an "officer misconduct incident report form" for
use by police agencies in the reporting, recoding and investigation of
alleged incidents of officer misconduct, regardless of an arrest is made
due to the investigation.
The form is to be prepared in multiple parts one of which shall be imme-
diately forwarded to the division. The protocols shall include provision
regarding failing to report misconduct and shall authorize the police
agency to terminate employment and/or bring criminal charges against the
officer who failed to report the misconduct.
Section 2 adds a new section 837-v requires that every police officer
shall report incidents of misconduct when they have reasonable cause to
suspect that a police officer, acting in their official capacity, has
used excessive force or otherwise acted with misconduct. Whenever such
officer is required to report misconduct, they shall immediately notify
their policy agency, which then shall be responsible to forward the
report to DCJ and follow the protocols established by the division.
JUSTIFICATION:
Incidents of police misconduct is a systemic problem. Although many
police misconduct complaints are lodged by civilians, the well-known
"code of silence" among police officers which implies an informal rule
among them not to report on their fellow officer's mistakes, misconducts
or crimes; lends to less police officers reporting incidents of miscon-
duct of their peers. This legislation-would make it mandatory for police
officers to report misconduct by a fellow police officer. Failing to do
could result in employment termination and/or criminal charges brought
against the officer who failed to report the misconduct.
PRIOR LEGISLATIVE HISTORY:
New bill
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10597
IN ASSEMBLY
June 5, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Ramos) --
read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to requiring police offi-
cers to report the misconduct of a police officer and requiring the
division of criminal justice to establish a protocol to be followed by
police agencies when handling and recording mandatory reports of
misconduct by a police officer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 837 of the executive law is amended by adding a new
2 subdivision 23 to read as follows:
3 23. Promulgate a standardized and detailed written protocol to be
4 followed by police agencies for the handling and recording of mandatory
5 reports of misconduct by a police officer as required pursuant to
6 section eight hundred thirty-seven-v of this article. The protocol shall
7 include provisions protecting police officers who are mandated to report
8 misconduct from retaliation against such officer as a result of filing
9 such report. The division shall also promulgate a standardized "officer
10 misconduct incident report form" for use by police agencies in the
11 reporting, recording and investigation of all alleged incidents of offi-
12 cer misconduct, regardless of whether an arrest is made as a result of
13 such investigation. Such form shall be prepared in multiple parts, one
14 of which shall be immediately forwarded to the division, and shall
15 include designated spaces for: the recordation of the results of the
16 investigation by the police agency and the basis for any action taken;
17 the recordation of the reporting officer's allegations of misconduct;
18 and immediately thereunder a space on which the reporting officer shall
19 sign and verify his or her allegations. Such protocol shall include
20 provisions regarding the failure to report misconduct which, notwith-
21 standing any provision of a labor contract to the contrary, shall
22 authorize the police agency to terminate from employment and/or bring
23 criminal charges against the officer who failed to report the miscon-
24 duct.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16585-01-0
A. 10597 2
1 § 2. The executive law is amended by adding a new section 837-v to
2 read as follows:
3 § 837-v. Mandatory reporting of misconduct. Every police officer shall
4 be required to report in accordance with this section when he or she has
5 reasonable cause to suspect that a police officer, acting in his or her
6 professional or official capacity, has used excessive force or otherwise
7 acted with misconduct. Whenever such officer is required to report under
8 this section, he or she shall immediately notify his or her police agen-
9 cy, which then shall be responsible to forward such report to the divi-
10 sion and to follow the protocol established by the division pursuant to
11 subdivision twenty-three of section eight hundred thirty-seven of this
12 article.
13 § 3. This act shall take effect immediately.
