Relates to the re-assignment of police officers pending certain investigations of incompetency or misconduct involving egregious behavior including, but not limited to, police brutality, intimidation, racial profiling, planting or fabricating evidence, unwarranted search and seizure, violating department procedures, and abuse of authority, and provides for an expeditious investigation of such incidents.
STATE OF NEW YORK
________________________________________________________________________
6457
2023-2024 Regular Sessions
IN ASSEMBLY
April 11, 2023
___________
Introduced by M. of A. CHANDLER-WATERMAN -- read once and referred to
the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to the re-assignment
of police officers pending certain investigations and hearings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "one bad
2 apple police bad behavior prevention law".
3 § 2. Section 75 of the civil service law is amended by adding a new
4 subdivision 3-b to read as follows:
5 3-b. Re-assignment of police officers pending investigation. (a) If a
6 video or other evidence exists identifying a police or peace officer
7 engaging in egregious behavior including, but not limited to, police
8 brutality, intimidation, racial profiling, planting or fabricating
9 evidence, unwarranted search and seizure, violating department proce-
10 dures, and abuse of authority, the commissioner of police, chief officer
11 of the department or any officer so authorized to execute such an order
12 shall relieve the officer of his or her weapon and badge, and assign the
13 officer to desk duty pending the investigation of and hearing and deter-
14 mination of charges of incompetency or misconduct.
15 (b) When an incident involving conduct described in paragraph (a) of
16 this subdivision occurs, the department shall conduct an expeditious
17 preliminary investigation to determine whether charges of incompetency
18 or misconduct should be brought against the officer. If the preliminary
19 investigation determines that charges should not be brought against the
20 officer, the department may restore the officer to full status and
21 return his or her weapon and badge. If the preliminary investigation
22 determines that charges should be brought against the officer, the
23 investigation and hearing of charges of incompetency or misconduct shall
24 proceed and the department shall not restore the officer to full status
25 nor return his or her weapon and badge until a determination regarding
26 charges of incompetency or misconduct has been made.
27 § 3. This act shall take effect immediately and shall apply to cases
28 pending or arising on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07929-01-3
