Grants immunity from liability and professional retaliation against a law enforcement employee who intervenes against police misconduct committed by another member of law enforcement.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3801
SPONSOR: Fahy 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
STATE OF NEW YORK
________________________________________________________________________
3801
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.
LBD03482-01-3
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.
