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.
STATE OF NEW YORK
________________________________________________________________________
8580
IN SENATE
June 16, 2020
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
S. 8580 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.
