Bill Text: NY S07282 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to reducing a police officer's pension to satisfy judgments in a wrongful death action; provides that a police officer's pension may be reduced to no less than $20,000 to satisfy a wrongful death judgment; provides that a court shall hold a hearing to determine the amount of the reduction.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-29 - OPINION REFERRED TO JUDICIARY [S07282 Detail]

Download: New_York-2023-S07282-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7282

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 19, 2023
                                       ___________

        Introduced  by  Sens.  PARKER, THOMAS -- read twice and ordered printed,
          and when printed to be committed to the Committee on Judiciary

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing an amendment to article 5 of the constitution, in relation  to
          reducing a police officer's pension to satisfy judgments in a wrongful
          death action

     1    Section  1. Resolved (if the Assembly concur), That section 7 of arti-
     2  cle 5 of the constitution be amended by adding a new subdivision (e)  to
     3  read as follows:
     4    (e)  (i)  Notwithstanding  subdivision (a) of this section, the public
     5  pension of a police officer, as defined in paragraph (ii) of this subdi-
     6  vision, who is found liable in a wrongful death action  arising  out  of
     7  the  performance  of  his  or her duties, may be reduced to no less than
     8  twenty thousand dollars to satisfy  the  judgment  against  such  police
     9  officer in such wrongful death action prior to the payment of any public
    10  funds,  following  notice  and  a  hearing  by  an appropriate court, as
    11  provided by law. The court determination whether to reduce such  pension
    12  shall be based on the consideration of factors including the severity of
    13  such  police officer's actions and the proportionality of a reduction of
    14  such pension to such actions. When a court issues  an  order  to  reduce
    15  such  pension,  the court shall consider and determine specific findings
    16  as to the amount of such reduction, if any, and  whether  the  reduction
    17  would  result  in  undue  hardship  or other inequity upon any dependent
    18  children, spouse or other dependents; and other factors as  provided  by
    19  law.  The  legislature  shall enact legislation to implement this amend-
    20  ment.
    21    (ii) For the purposes of paragraph (i) of this subdivision,  the  term
    22  "police  officer" shall mean any member of a duly organized police force
    23  or department of any county, city, town, village, municipality, authori-
    24  ty, police district, regional state park commission when  employed  full
    25  time  in  the  enforcement of the general criminal laws of the state, or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89081-01-3
        S. 7282                             2

     1  any member of the state police or  a  sheriff,  undersheriff  or  deputy
     2  sheriff.
     3    (iii)  Paragraph  (i)  of this subdivision shall only apply to actions
     4  filed on or after the first of January next  succeeding  the  date  upon
     5  which the people shall approve and ratify the amendment to the constitu-
     6  tion that added this subdivision.
     7    §  2.  Resolved (if the Assembly concur), That the foregoing amendment
     8  be referred to the first regular legislative session convening after the
     9  next succeeding general election of members of  the  assembly,  and,  in
    10  conformity  with  section  1  of  article  19  of  the  constitution, be
    11  published for 3 months previous to the time of such election.