AB10630 Summary:

BILL NOA10630
 
SAME ASSAME AS S08576
 
SPONSORRules (Fahy)
 
COSPNSR
 
MLTSPNSR
 
Add 837-v, 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.
Go to top    

AB10630 Actions:

BILL NOA10630
 
06/10/2020referred to governmental operations
Go to top

AB10630 Committee Votes:

Go to top

AB10630 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

AB10630 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10630
 
SPONSOR: Rules (Fahy)
  TITLE OF BILL: An act to amend the executive law, in relation to law enforcement inter- vention against police misconduct   SUMMARY OF PROVISIONS: Section 1: Sets definitions. Section 2: Enumerates protections for law enforcement officers who intervene in situations of police misconduct.   JUSTIFICATION: Law enforcement officers in New York and around the country have come under criticism for egregious police misconduct in certain situations, especially in their interactions with the minority community. A large subject of this criticism is a culture of policing that limits and in some instances actively discourages accountability for wrongdoing. In particular officers who may wish to intervene in situations of police misconduct may be reluctant to do so because of professional repercus- sions and a lack of protection from liability. In 2006, City of Buffalo Police Officer Cariol Horne intervened when a fellow officer was beating a prisoner who was handcuffed and unarmed. Following an investigation of the incident, Officer Horne was fired from her position with the BPD. This legislation is aimed.to create Good Samaritan protections for officers like Horne, insulating them from professional retaliation and civil and criminal liability stemming from their intervention against police misconduct.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately, and shall expire and be deemed repealed two years after the expiration of the state disaster emergency, as such term is defined in section 20 of the executive law, declared pursuant to executive order 202 of 2020, as amended.
Go to top

AB10630 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10630
 
                   IN ASSEMBLY
 
                                      June 10, 2020
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Fahy) --
          read once and referred to the Committee on Governmental Operations
 
        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-v
     2  to read as follows:
     3    § 837-v. 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
    25  from any liability, civil or criminal, that might  otherwise  result  by
    26  reason of such actions.
    27    (b)  A law enforcement agency shall not take any retaliatory personnel
    28  action, as such term is defined in paragraph (e) of subdivision  one  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16620-02-0

        A. 10630                            2
 
     1  section  seven hundred forty of the labor law, against a law enforcement
     2  employee because such employee believes that he or  she  had  reasonable
     3  cause to intervene against police misconduct and intervened against such
     4  police misconduct.
     5    § 2. This act shall take effect immediately.
Go to top