Requires annual reports of legal settlement payments related to law enforcement activity; provides such report shall include, but not be limited to, monetary amounts, plaintiffs and named parties, and shall be published on the website of the comptroller.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A204A
SPONSOR: Cruz TITLE OF BILL:
An act to amend the executive law and the administrative code of the
city of New York, in relation to requiring annual reports of legal
settlement payments related to law enforcement activity
PURPOSE OR GENERAL IDEA OF BILL:
To increase transparency of the city and state liabilities in cases of
legal settlements by laW enforcement
SUMMARY OF PROVISIONS:
Section 1. Amends the Executive Law to require that the State Comp-
troller publish an annual report of all payments made in legal settle-
ments for law enforcement officials, including monetary amounts and
named parties. Plaintiffs shall be offered the option of having their
cases posted with a pseudonym to protect their privacy. Includes
provisions for law enforcement to report to the office of the state
controller any such settlements. Establishes penalties for non-reporting
by police departments, including loss of state funding and accredi-
tation.
Section 2. Amends the administrative code of the City of New York to
require the City Comptroller publish an annual report of all payments
made in legal settlements for law enforcement officials, including mone-
tary amounts and named parties. Plaintiffs shall be offered the option
of having their cases posted with a pseudonym to protect their privacy.
Section 3. Sets an immediate effective date.
JUSTIFICATION:
New York currently pays millions in legal settlements for the actions of
law enforcement, but because the amounts paid out are only reported to
the public in the aggregate, the public has only a general idea about
what the city and state are paying. For example, the NYC Comptroller's
annual report for 2019 reports mostly in the aggregate. While wrongful
conviction settlements are specifically listed with parties and amounts,
thousands of suits against police and personal injury claims against the
police are listed only in the aggregate. The total amount is hundreds of
millions of dollars. It is impossible for the public to determine wheth-
er settlements are equitable, or if there are any patterns of behavior
to be commended or corrected in terms of police accountability.
This bill would require regular reporting of payments made, and, by
requiring the reporting of discrete cases, it will aid law enforcement
and the public to have a rational and informed discussion as to the
scope of the problem of police accountability and the burden placed upon
the state of such settlements.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
204--A
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Governmental Operations -- recommitted to the Committee on Govern-
mental Operations in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the executive law and the administrative code of the
city of New York, in relation to requiring annual reports of legal
settlement payments related to law enforcement activity
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 838-c
2 to read as follows:
3 § 838-c. Settlement reporting. 1. The comptroller shall make an annual
4 report which details all payments made for legal settlements relating to
5 law enforcement activity. Such report shall include, but not be limited
6 to, monetary amounts, plaintiffs and named parties, and shall be
7 published on the website of the comptroller, provided, however, that
8 every plaintiff whose name would be included in the report shall have
9 the option to have a pseudonym used in place of such plaintiff's name.
10 Any named party in a legal settlement relating to law enforcement activ-
11 ity who is or was a defendant in such action shall be named in the
12 report and shall not have the option to use a pseudonym in place of such
13 defendant's name. As used in this section, "law enforcement" means
14 every local police department, local correctional facility, each county
15 sheriff, the division of the state police, the department of corrections
16 and community supervision, and every agency that employs a peace officer
17 in this state.
18 2. The person in charge of every local police department, local
19 correctional facility, each county sheriff, the superintendent of the
20 division of the state police, the commissioner of the department of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00732-02-6
A. 204--A 2
1 corrections and community supervision, and the person in charge of every
2 agency that employs a peace officer in this state shall promptly report
3 to the comptroller all payments made for legal settlements relating to
4 law enforcement activity, including but not limited to, all information
5 required to be reported pursuant to subdivision one of this section, and
6 details and descriptions of any allegations or misconduct involved in
7 each case, and shall provide each plaintiff the opportunity to elect to
8 use a pseudonym. Notwithstanding any provision of law to the contrary,
9 failure to report all information required pursuant to the provisions of
10 this subdivision by a law enforcement agency shall result in a loss of
11 both eligibility for state funding and accreditation by the division for
12 such agency. Such eligibility for funding and accreditation by the divi-
13 sion shall be restored once such law enforcement agency is in compliance
14 with the provisions of this subdivision.
15 3. The comptroller, in consultation with the division of criminal
16 justice services, shall promulgate regulations to effectuate the report-
17 ing of data from law enforcement departments sufficient to make the
18 reports required by subdivision one of this section.
19 4. The comptroller together with the division of criminal justice
20 services, shall identify law enforcement departments that fail to report
21 the required information. The division of criminal justice services
22 shall, as part of any process to accredit police agencies, require all
23 such agencies to report any settlements as described under this section.
24 § 2. The administrative code of the city of New York is amended by
25 adding a new section 14-198.1 to read as follows:
26 § 14-198.1 Settlement reporting. The comptroller shall make an annual
27 report which details all payments made for legal settlements relating to
28 law enforcement activity. Such report shall include, but not be limited
29 to, monetary amounts, plaintiffs and named parties, and details and
30 descriptions of any allegations or misconduct involved in each case, and
31 shall be published on the website of the comptroller, provided, however,
32 that the comptroller shall provide every plaintiff whose name would be
33 included in the report the option to have a pseudonym used in place of
34 such plaintiff's name. Any named party in a legal settlement relating
35 to law enforcement activity who is or was a defendant in such action
36 shall be named in the report and shall not have the option to use a
37 pseudonym in place of such defendant's name. Notwithstanding any
38 provision of law to the contrary, failure to report all information
39 required pursuant to the provisions of this section by a law enforcement
40 agency to the comptroller shall result in a loss of both eligibility for
41 city funding and accreditation for such agency. Such eligibility for
42 funding and accreditation shall be restored once such law enforcement
43 agency is in compliance with the provisions of this section.
44 § 3. This act shall take effect immediately.
