Bill Text: NY A09833 | 2013-2014 | General Assembly | Introduced
Bill Title: Outlines proper procedure and the limitations for filing complaints against police officers including proper filing procedure and definitions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-27 - referred to local governments [A09833 Detail]
Download: New_York-2013-A09833-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9833 I N A S S E M B L Y May 27, 2014 ___________ Introduced by M. of A. ABBATE -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law, in relation to complaints against police officers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The general municipal law is amended by adding a new 2 section 209-ff to read as follows: 3 S 209-FF. COMPLAINTS AGAINST POLICE OFFICERS; LIMITATIONS. 1. 4 NOTWITHSTANDING ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, ANY 5 COMPLAINT AGAINST A POLICE OFFICER THAT MAY LEAD TO DISCIPLINARY ACTION 6 THAT IS MADE BY A PERSON THAT IS NOT A POLICE OFFICER SHALL BE SWORN TO, 7 BEFORE AN OFFICIAL AUTHORIZED TO ADMINISTER OATHS, BY: 8 A. THE ALLEGED AGGRIEVED INDIVIDUAL; 9 B. ANY WITNESS; OR 10 C. THE PARENT OR GUARDIAN OF A MINOR CHILD, IF THE ALLEGED AGGRIEVED 11 INDIVIDUAL IS A MINOR CHILD. 12 UNSWORN COMPLAINTS SHALL NOT BE INVESTIGATED, AND SHALL NOT LEAD TO 13 ANY DISCIPLINARY ACTION AGAINST A POLICE OFFICER. 14 2. ANY COMPLAINT AGAINST A POLICE OFFICER THAT MAY LEAD TO DISCIPLI- 15 NARY ACTION SHALL BE INITIATED WITHIN NINETY DAYS OF THE ALLEGED INCI- 16 DENT BY THE FILING OF A SWORN COMPLAINT BY THE INDIVIDUAL ALLEGED TO 17 HAVE BEEN AGGRIEVED, OR BY A PARENT OR GUARDIAN, WHERE THE INDIVIDUAL 18 ALLEGED TO HAVE BEEN AGGRIEVED IS A MINOR CHILD. ANY COMPLAINT THAT IS 19 INITIATED AFTER NINETY DAYS SHALL NOT BE INVESTIGATED AND SHALL NOT LEAD 20 TO DISCIPLINARY ACTION AGAINST A POLICE OFFICER. 21 3. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE 22 FOLLOWING MEANINGS: 23 A. "DISCIPLINARY ACTION" SHALL MEAN ONE OR MORE OF THE FOLLOWING 24 ACTIONS: DISMISSAL; DEMOTION; SUSPENSION; SUSPENSION WITHOUT PAY; WRIT- 25 TEN REPRIMAND; OR PLACEMENT IN A MONITORING PROGRAM. DISCIPLINARY ACTION 26 SHALL ALSO MEAN ONE OR MORE OF THE FOLLOWING ACTIONS WHERE SUCH ACTION 27 IS TAKEN FOR PURPOSES OF PUNISHING A POLICE OFFICER FOR INCOMPETENCY OR 28 MISCONDUCT: DENIAL OF PROMOTION; DENIAL OF DISCRETIONARY ASSIGNMENTS; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14658-01-4 A. 9833 2 1 REASSIGNMENT; TRANSFER; CHANGE OF TOUR OR HOURS OF WORK; DENIAL OF OVER- 2 TIME OPPORTUNITIES; OR RESTRICTIONS ON OFF-DUTY EMPLOYMENT; 3 B. "POLICE OFFICER" SHALL HAVE THE MEANING PROVIDED BY SECTION 1.20 OF 4 THE CRIMINAL PROCEDURE LAW; AND 5 C. "MONITORING PROGRAM" SHALL MEAN ANY PROGRAM, SYSTEM OR STATUS IN 6 WHICH A POLICE OFFICER IS PLACED SO THAT A POLICE DEPARTMENT CAN SUPER- 7 VISE AND MONITOR THE POLICE OFFICER'S PERFORMANCE FOR THE PURPOSE OF 8 CORRECTING NEGATIVE BEHAVIOR OR IMPROVING PERFORMANCE. MONITORING 9 PROGRAM SHALL NOT INCLUDE A STANDARD EVALUATION SYSTEM PURSUANT TO WHICH 10 A POLICE OFFICERS' PERFORMANCE IS REGULARLY REVIEWED BY A POLICE DEPART- 11 MENT ON A PERIODIC BASIS. 12 S 2. This act shall take effect immediately.