STATE OF NEW YORK
________________________________________________________________________
8581--A
IN SENATE
June 16, 2020
___________
Introduced by Sens. PARKER, HOYLMAN -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the executive law, in relation to establishing a duty to
report an unauthorized use of force 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. The executive law is amended by adding a new section 837-w
2 to read as follows:
3 § 837-w. Duty to report unauthorized use of force. 1. For the purposes
4 of this section:
5 (a) "police officer" means a person designated as such in subdivision
6 thirty-four of section 1.20 of the criminal procedure law; and
7 (b) "use of force" means any action defined in subdivision one of
8 section eight hundred thirty-seven-t of this article.
9 2. Every police officer shall be required to intervene and report when
10 he or she witnesses the unauthorized use of force by another police
11 officer. Whenever such officer is required to report under this section,
12 he or she shall immediately notify his or her police agency. Such agency
13 shall then investigate such report.
14 3. Any police officer who fails to intervene and report in violation
15 of this section shall be guilty of a class B misdemeanor.
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16694-02-0