Bill Text: NY A01010 | 2017-2018 | General Assembly | Introduced

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Bill Title: Sets internal investigative standards and practices for police officers with respect to matters of police conduct; supersedes contrary provisions of law or collective bargaining agreements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-05 - held for consideration in governmental employees [A01010 Detail]

Download: New_York-2017-A01010-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1010
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 10, 2017
                                       ___________
        Introduced  by M. of A. GANTT -- read once and referred to the Committee
          on Governmental Employees
        AN ACT to amend the civil service law, in relation to internal  investi-
          gative standards and practices for police officers
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The civil service law is amended by adding  a  new  section
     2  204-b to read as follows:
     3    §  204-b.  Internal  investigative  standards and practices for police
     4  officers. 1. The legislature hereby finds and declares that the  conduct
     5  and  competence  of  police  officers are matters of vital importance to
     6  public safety and welfare and  to  the  maintenance  of  civil  society.
     7  These matters are effected with the highest public interest.
     8    2.  Notwithstanding  any  inconsistent provision of law, the following
     9  procedures shall apply to investigations of  the  conduct  of  a  police
    10  officer  by any police agency, notwithstanding any contrary provision of
    11  any collective bargaining agreement. Any collective bargaining agreement
    12  or portion thereof inconsistent with the provisions of this  section  is
    13  hereby declared to be void as against public policy.
    14    3.  Any  investigation  into  the conduct of a police officer shall be
    15  conducted as follows:
    16    (a) questioning and investigation of  officers  shall  commence  imme-
    17  diately upon the occurrence of cause therefor;
    18    (b)  whenever  more  than  one  officer is to be investigated or ques-
    19  tioned, all of the involved officers shall be questioned separately;
    20    (c) no preliminary or unofficial statements shall be taken;
    21    (d) all statements shall be recorded  verbatim; and
    22    (e) questioning  and  investigation  of  non-officer  witnesses  shall
    23  commence immediately upon the occurrence of cause therefor.
    24    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02044-01-7