Bill Text: NY A06033 | 2023-2024 | 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 1-0)
Status: (Introduced) 2024-01-03 - referred to governmental employees [A06033 Detail]
Download: New_York-2023-A06033-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6033 2023-2024 Regular Sessions IN ASSEMBLY March 30, 2023 ___________ Introduced by M. of A. CHANDLER-WATERMAN -- read once and referred to the Committee on Governmental Employees 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. LBD00508-01-3A. 6033 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.
