Bill Text: NY S06436 | 2021-2022 | General Assembly | Introduced


Bill Title: Provides for the indefinite suspension of New York city police officers without pay pending the disposition of charges of incompetence or misconduct resulting in death or serious physical injury as defined in section 10.00 of the penal law.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CIVIL SERVICE AND PENSIONS [S06436 Detail]

Download: New_York-2021-S06436-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6436

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 28, 2021
                                       ___________

        Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions

        AN ACT to amend chapter 753 of the  laws  of  1990  amending  the  civil
          service  law, relating to suspension of police officers pending deter-
          mination of charges; and to amend the civil service law,  in  relation
          to  suspension  of  New  York city police officers without pay pending
          determination of charges

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 1 of chapter 753 of the laws of 1990 amending the
     2  civil service law, relating to suspension  of  police  officers  pending
     3  determination of charges, is amended to read as follows:
     4    Section 1. Notwithstanding any other provision of law to the contrary,
     5  police officers as defined in paragraph (d) of subdivision 34 of section
     6  1.20  of  the  criminal  procedure  law and as designated members of the
     7  police department of the city of New York pursuant to section 431 of the
     8  New York city charter, pending the determination of charges of  incompe-
     9  tency  or  misconduct may not be suspended for a period exceeding thirty
    10  days; provided, however, that any such police officer who is subject  to
    11  a  hearing  pursuant to subdivision 3 of section 75 of the civil service
    12  law wherein the charges of incompetency or misconduct  are  due  to  the
    13  death or serious physical injury to a person as defined in section 10.00
    14  of  the  penal law may be suspended without pay for an indefinite period
    15  pending the determination of the hearing of charges of  incompetency  or
    16  misconduct.
    17    a.  As  used  in  this  section, "indefinite period" means a period of
    18  ninety days, provided that if a determination of the charge of  incompe-
    19  tency or misconduct from the hearing has not been made during the ninety
    20  day period, such period may be extended for an additional thirty days.
    21    b.  A  hearing  pursuant  to  subdivision 3 of section 75 of the civil
    22  service law wherein the charges of incompetency or misconduct are due to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04888-01-1

        S. 6436                             2

     1  the death or serious physical injury to a person as defined  in  section
     2  10.00  of  the  penal law shall be expedited.  The hearing officer shall
     3  establish a hearing schedule to ensure that this  expedited  hearing  is
     4  completed within the required timeframes.
     5    c. If, after the hearing of the charges of incompetency or misconduct,
     6  it  is  determined that the officer was found to not have acted incompe-
     7  tently or committed an act of misconduct, such officer shall be restored
     8  to his or her position with full pay for the period of  suspension  less
     9  the  amount  of  any  unemployment insurance benefits he or she may have
    10  received during such period.
    11    § 2. Subdivision 3-a of section 75 of the civil service law, as  added
    12  by chapter 753 of the laws of 1990, is amended to read as follows:
    13    3-a.  Suspension pending determination of charges and penalties relat-
    14  ing to police officers of the police department of the city of New York.
    15  Pending the hearing and determination  of  charges  of  incompetency  or
    16  misconduct,  a  police  officer employed by the police department of the
    17  city of New York may be suspended without pay for a period not exceeding
    18  thirty days; provided however, that such officer who is subject to  such
    19  hearing  wherein  such charges of incompetency or misconduct are brought
    20  about as a result of the death or serious physical injury to a person as
    21  defined in section 10.00 of the penal law may be suspended  without  pay
    22  for an indefinite period pending the determination of a charge of incom-
    23  petency or misconduct.
    24    a.  As  used  in  this  section, "indefinite period" means a period of
    25  ninety days, provided that if a determination of the charge of  incompe-
    26  tency or misconduct from the hearing has not been made during the ninety
    27  day period, such period may be extended for an additional thirty days.
    28    b.  A  hearing  pursuant  to  this  subdivision wherein the charges of
    29  incompetency or misconduct are due to  the  death  or  serious  physical
    30  injury to a person as defined in section 10.00 of the penal law shall be
    31  expedited.    The  hearing officer shall establish a hearing schedule to
    32  ensure that this expedited hearing  is  completed  within  the  required
    33  timeframes.
    34    c. If, after the hearing of the charges of incompetency or misconduct,
    35  it  is  determined that the officer was found to not have acted incompe-
    36  tently or committed an act of misconduct, such officer shall be restored
    37  to his or her position with full pay for the period of  suspension  less
    38  the  amount  of  any  unemployment insurance benefits he or she may have
    39  received during such period. If such officer  is  found  guilty  of  the
    40  charges,  the  police  commissioner  of  such  department may punish the
    41  police officer pursuant to the provisions of sections 14-115 and  14-123
    42  of the administrative code of the city of New York.
    43    § 3. If any item, clause, sentence, subparagraph, subdivision, section
    44  or  other  part of this act, or the application thereof to any person or
    45  circumstances shall be held  to  be  invalid,  such  holding  shall  not
    46  affect,  impair or invalidate the remainder of this act, or the applica-
    47  tion of such section or part of a section held  invalid,  to  any  other
    48  person  or  circumstances, but shall be confined in its operation to the
    49  item, clause, sentence, subparagraph, subdivision, section or other part
    50  of this act directly involved in such holding,  or  to  the  person  and
    51  circumstances therein involved.
    52    §  4.  This act shall take effect immediately and shall apply to cases
    53  pending or arising on or after such effective date.
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