Requires the superintendent of state police to develop, maintain and disseminate to all members of the division of state police a critical incident leave policy requiring critical incident paid leave for any members directly involved in a critical incident; prohibits such superintendent from taking any punitive administrative action against any member of the division of state police granted critical incident leave solely on the basis of the provision of such leave.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6452B
SPONSOR: Burke TITLE OF BILL:
An act to amend the executive law, in relation to the development of a
critical incident policy for members of the division of state police
PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend executive law to create a uniform policy for paid
leave for members of the state police directly involved in a critical
incident.
SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section 214-j to the Executive Law
directing the Superintendent of the Division of State Police to develop,
maintain, and disseminate a critical incident leave policy. This policy
will provide:
At least 20 calendar days of paid leave for members whose actions were
the direct and proximate cause of a critical incident. At least 15
calendar days of paid leave for members who were directly involved in
such incidents but were not the proximate cause.
The policy defines a "critical incident" as an official action taken by
a member of the state police that results in serious physical injury or
death and is later determined to involve a justified use of force. It
also requires the development of procedures to allow for a reasonable
delay in leave where staffing needs or public safety would be impacted.
Additionally, the policy permits rescinding the leave if the incident is
subsequently determined not to meet the definition of a critical inci-
dent. The legislation prohibits the use of leave under this policy as
the sole basis for disciplinary or administrative action.
Section 2 sets the effective date at 120 days after enactment, with
regulatory authority granted immediately.
JUSTIFICATION:
Members of the State Police are charged with the mission of ensuring the
safety of New York's roadways, preventing and investigating crimes,
preparing for and responding to emergencies and disasters, and providing
support to other law enforcement agencies, when necessary, among many
other duties. An unfortunate, but necessary part of the job of a New
York State Trooper is to use deadly physical force when a particular
situation necessitates the use of such force. Members of the Division of
the State Police are highly trained to ensure that the use of such force
is justified when it must be utilized and realize that the safety of our
State's citizens is paramount, requiring critical actions that could
lead to death or serious injury to criminals that they must engage.
Moreover, they are willing to place their own safety and security in
secondary status in relation to the protection of all New Yorkers.
Notwithstanding the above, New York State Police Officers are, first and
foremost, human beings who are forced to deal with the consequences of
their actions, despite the legitimacy of those actions. Even in
instances of complete justification when utilizing deadly physical
force, State Police Officers can struggle, both physically and mentally,
with the decisions that they were required to make to uphold their sworn
duties as police officers. These dedicated public servants deserve the
opportunity to take leave following a critical incident so that they can
fully address any issues that may result following such an event. Howev-
er, under current law there is no guaranteed opportunity for leave. As
such, State Police Officers who have been forced to use deadly physical
force can be sent back the road within a day or two, creating an untena-
ble situation for these dedicated law enforcement officers.
This legislation simply ensures that the State provides minimal, but
necessary,protection and relief to our State Police Officers who vali-
antly serve the people of the State of New York.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
EFFECTIVE DATE:
This act shall take effect 120 days after it shall have become law,
except that any rule or regulation necessary for the timely implementa-
tion of this act on its effective date shall be promulgated on or before
such date.
STATE OF NEW YORK
________________________________________________________________________
6452--B
2025-2026 Regular Sessions
IN ASSEMBLY
March 5, 2025
___________
Introduced by M. of A. BURKE, EICHENSTEIN, CLARK, KASSAY, WOERNER, FALL,
BUTTENSCHON, P. CARROLL, McMAHON, SIMON, ZINERMAN, PHEFFER AMATO,
WEPRIN, BERGER, GRIFFIN, YEGER, JONES, KAY, SAYEGH, WIEDER, BORES,
STIRPE, CONRAD, LUPARDO, ROZIC, HEVESI, JACOBSON, SHIMSKY, SCHIAVONI,
STECK, LAVINE, WILLIAMS, McDONALD, SIMONE, BRAUNSTEIN, DILAN, MEEKS --
read once and referred to the Committee on Governmental Operations --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the executive law, in relation to the development of a
critical incident policy for members of the division of state police
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 214-j
2 to read as follows:
3 § 214-j. Critical incident policy. 1. The superintendent shall devel-
4 op, maintain and disseminate to all members of the division of state
5 police a critical incident leave policy requiring critical incident paid
6 leave for any members of the division of state police directly involved
7 in a critical incident.
8 2. For purposes of this section, the following terms shall have the
9 following meanings:
10 (a) the term "critical incident" shall mean any action taken by a
11 member of the division of state police during the course of the perform-
12 ance of their official duties resulting in the serious physical injury
13 or death of another person where the use of force was justified; and
14 (b) the term "critical incident paid leave" shall mean paid leave of
15 at least twenty calendar days for any member of the division of state
16 police whose official actions were the direct and proximate cause of the
17 serious physical injury or death of another person, and paid leave of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06346-04-5
A. 6452--B 2
1 fifteen calendar days for any member of the division of state police
2 who, although directly involved in a critical incident, was not the
3 direct and proximate cause of the serious physical injury or death of
4 another person.
5 3. Critical incident paid leave shall begin as soon as possible after
6 the critical incident, provided however, that the superintendent may
7 delay such leave for members who were directly involved in a critical
8 incident but were not the direct and proximate cause of the serious
9 injury or death. Critical incident leave may only be delayed to ensure
10 minimum necessary staffing levels or protect community safety. Delays
11 may only be as long as necessary to address such concerns.
12 4. In any case where critical incident paid leave has been made to a
13 member of the division of the state police, and it is thereafter deter-
14 mined that a critical incident did not occur, the superintendent may
15 order the withholding of future paid leave to such member, provided that
16 the amount of days withheld shall not be more than the critical incident
17 paid leave days that were originally provided.
18 5. The superintendent shall be prohibited from taking any punitive
19 administrative action against any member of the division of state police
20 granted critical incident leave under this section solely on the basis
21 of the provision of such leave.
22 § 2. This act shall take effect on the one hundred twentieth day after
23 it shall have become a law. Effective immediately, the addition, amend-
24 ment and/or repeal of any rule or regulation necessary for the implemen-
25 tation of this act on its effective date are authorized to be made and
26 completed on or before such effective date.
