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A03801 Summary:

Add §837-x, Exec L
Grants immunity from liability and professional retaliation against a law enforcement employee who intervenes against police misconduct committed by another member of law enforcement.
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A03801 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the executive law, in relation to law enforcement inter- vention against police misconduct   SUMMARY OF PROVISIONS: Section 1: Sets definitions. Section 2: Enumerates protections for law enforcement officers who intervene in situations of police misconduct.   JUSTIFICATION: Law enforcement officers in New York and around the country have come under criticism for egregious police misconduct in certain situations, especially in their interactions with the minority community. A large subject of this criticism is a culture of policing that limits and in some instances actively discourages accountability for wrongdoing. In particular officers who may wish to intervene in situations of police misconduct may be reluctant to do so because of professional repercus- sions and a lack of protection from liability. In 2006, City of Buffalo Police Officer Cariol Horne intervened when a fellow officer was beating a prisoner who was handcuffed and unarmed. Following an investigation of the incident, Officer Horne was fired from her position with the BPD. This legislation is aimed.to create Good Samaritan protections for offi- cers like Horne, insulating them from professional retaliation and civil and criminal liability stemming from their intervention against police misconduct.   PRIOR LEGISLATIVE HISTORY: A10630 2019-20 A2558 2021-22   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately
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A03801 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    February 8, 2023
        Introduced  by  M.  of  A.  FAHY, AUBRY -- read once and referred to the
          Committee on Governmental Operations
        AN ACT to amend the executive law, in relation to law enforcement inter-
          vention against police misconduct
          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-x
     2  to read as follows:
     3    § 837-x. Law enforcement intervention against police misconduct.    1.
     4  Definitions.  When used in this section, and unless the specific context
     5  indicates otherwise, the following terms shall have the following  mean-
     6  ings:
     7    (a)  "Police misconduct" means conduct by a law enforcement officer in
     8  the course of an arrest or otherwise in the official  capacity  of  such
     9  law enforcement officer that is:
    10    (i)  excessive,  forceful,  or violent and that is not justified under
    11  section 35.30 of the penal law;
    12    (ii) a false arrest;
    13    (iii) sexual misconduct; or
    14    (iv) witness tampering.
    15    (b) A "law enforcement employee" means:
    16    (i) any employee of the state police department, as defined in section
    17  two hundred twenty-three of this chapter;
    18    (ii) any employee of a county sheriff's department; or
    19    (iii) any employee of a city,  town,  village,  university,  park,  or
    20  public authority's police department.
    21    2.  Immunity from liability and professional retaliation against a law
    22  enforcement employee who intervenes against police misconduct.
    23    (a) Any law enforcement employee who in good faith intervenes  against
    24  police  misconduct  in  compliance with this article shall have immunity
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3801                             2
     1  from any liability, civil or criminal, that might  otherwise  result  by
     2  reason of such actions.
     3    (b)  A law enforcement agency shall not take any retaliatory personnel
     4  action, as such term is defined in paragraph (e) of subdivision  one  of
     5  section  seven hundred forty of the labor law, against a law enforcement
     6  employee because such employee believes that he or  she  had  reasonable
     7  cause to intervene against police misconduct and intervened against such
     8  police misconduct.
     9    § 2. This act shall take effect immediately.
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