S08513 Summary:

BILL NOS08513A
 
SAME ASSAME AS A10877
 
SPONSORBIAGGI
 
COSPNSRHOYLMAN, MONTGOMERY, MYRIE, SALAZAR, 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: (i) was dismissed for malfeasance or other serious misconduct calling into question such person's fitness to serve as a police officer; or (ii) 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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S08513 Actions:

BILL NOS08513A
 
06/06/2020REFERRED TO RULES
07/08/2020AMEND (T) AND RECOMMIT TO RULES
07/08/2020PRINT NUMBER 8513A
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S08513 Committee Votes:

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S08513 Floor Votes:

There are no votes for this bill in this legislative session.
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S08513 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8513--A
 
                    IN SENATE
 
                                      June 6, 2020
                                       ___________
 
        Introduced  by  Sens.  BIAGGI,  HOYLMAN, MONTGOMERY, MYRIE, SEPULVEDA --
          read twice and ordered printed, and when printed to  be  committed  to
          the  Committee on Rules -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        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";
    24    (ii) "serious misconduct" means improper or illegal actions taken by a
    25  police  officer  in  connection with such officer's official duties that
    26  could result in a miscarriage of justice or  discrimination,  including,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16584-02-0

        S. 8513--A                          2
 
     1  but  not  limited  to,  (A) a conviction of a felony, (B) fabrication of
     2  evidence, (C) repeated use of  excessive  force,  (D)  acceptance  of  a
     3  bribe, or (E) the commission of fraud; and
     4    (iii)  "law enforcement agency" means any agency which is empowered by
     5  law to conduct an investigation or to make an arrest for a  felony,  and
     6  any agency which is authorized by law to prosecute or participate in the
     7  prosecution of a felony.
     8    § 2. Section 14-109 of the administrative code of the city of New York
     9  is amended by adding a new subdivision c to read as follows:
    10    c. (i) Notwithstanding the provisions of any other section of general,
    11  special  or  local  law to the contrary, no person shall be eligible for
    12  appointment as  a  police  officer  where  such  person  was  previously
    13  employed  as  a  police officer and where such person: (a) was dismissed
    14  for malfeasance or other serious misconduct calling into  question  such
    15  person's   fitness to  serve  as  a  police  officer; or (b) resigned or
    16  retired from such officer's position  while  under  investigation    for
    17  such malfeasance  or other serious misconduct.
    18    (ii)    Any   law   enforcement   agency   that has knowledge that any
    19  former police officer of such agency who: (a)  was dismissed for malfea-
    20  sance or other serious misconduct; or (b) resigned or retired from  such
    21  officer's   position   while under investigation for such malfeasance or
    22  other serious misconduct; and who is an applicant for  the  position  of
    23  police  officer    with   any other law enforcement agency, shall inform
    24  such other agency of such dismissal, resignation or retirement.
    25    (iii) The provisions of this subdivision  shall  not  apply  to    any
    26  police  officer   who   is   exonerated  of each allegation against such
    27  officer of such malfeasance or other serious misconduct.
    28    (iv) For purposes of this subdivision, the following terms  shall have
    29  the following meanings:
    30    (A) "malfeasance" means the commonly approved usage of "malfeasance";
    31    (B) "serious misconduct" means improper or illegal actions taken by  a
    32  police  officer  in  connection with such officer's official duties that
    33  could result in a miscarriage of justice or  discrimination,  including,
    34  but   not   limited to, (1) a conviction of a felony, (2) fabrication of
    35  evidence, (3) repeated use of  excessive  force,  (4)  acceptance  of  a
    36  bribe, or (5) the commission of fraud; and
    37    (C)  "law enforcement agency" means any agency which is  empowered  by
    38  law to conduct an investigation or to make an arrest for a  felony,  and
    39  any agency which is authorized by law to prosecute or participate in the
    40  prosecution of a felony.
    41    § 3. This act shall take effect immediately.
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