Bill Text: NY S08581 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to establishing a duty to report an unauthorized use of force by a police officer; provides that failure to report is a class B misdemeanor.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-07-23 - PRINT NUMBER 8581A [S08581 Detail]

Download: New_York-2019-S08581-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8581--A

                    IN SENATE

                                      June 16, 2020
                                       ___________

        Introduced  by  Sens. PARKER, HOYLMAN -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee

        AN ACT to amend the executive law, in relation to establishing a duty to
          report an unauthorized use of force by a police officer

          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-w
     2  to read as follows:
     3    § 837-w. Duty to report unauthorized use of force. 1. For the purposes
     4  of this section:
     5    (a) "police officer" means a person designated as such in  subdivision
     6  thirty-four of section 1.20 of the criminal procedure law; and
     7    (b)  "use  of  force"  means  any action defined in subdivision one of
     8  section eight hundred thirty-seven-t of this article.
     9    2. Every police officer shall be required to intervene and report when
    10  he or she witnesses the unauthorized use  of  force  by  another  police
    11  officer. Whenever such officer is required to report under this section,
    12  he or she shall immediately notify his or her police agency. Such agency
    13  shall then investigate such report.
    14    3.  Any  police officer who fails to intervene and report in violation
    15  of this section shall be guilty of a class B misdemeanor.
    16    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16694-02-0