Requires the termination of any police officer or peace officer who uses physical force which is not justifiable or which is not part of procedure regardless of if harm is done any person or if any complaint is filed against such police officer or peace officer.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A739
SPONSOR: Carroll
 
TITLE OF BILL:
An act to amend the executive law, in relation to requiring the termi-
nation of any police officer or peace officer who uses physical force
which is not justifiable or which is not part of procedure
 
PURPOSE OR GENERAL IDEA OF BILL::
This bill would terminate any police or peace officer who uses unjusti-
fied physical force
 
SUMMARY OF PROVISIONS::
Section 1 creates a new section in the Executive Law to establish that
any police or peace officer who uses unjustifiable force or force that
is outside the procedures of their employer then that officer shall be
terminated immediately.
Section 2 sets the effective date.
 
JUSTIFICATION::
Excessive and unjustifiable use of force has been documented in police
departments throughout the country. With the strict policy set forth in
this bill, violent officers will hopefully be removed from service
before their reckless use of force results in the death of another inno-
cent person.
 
PRIOR LEGISLATIVE HISTORY::
A.10602 of 2019-20 A.1914 of 2021-22
 
FISCAL IMPLICATIONS::
To be determined
 
EFFECTIVE DATE::
This act shall take effect on the thirtieth day after it has become law.
STATE OF NEW YORK
________________________________________________________________________
739
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. CARROLL, SEAWRIGHT -- read once and referred to
the Committee on Governmental Employees
AN ACT to amend the executive law, in relation to requiring the termi-
nation of any police officer or peace officer who uses physical force
which is not justifiable or which is not part of procedure
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
2 837-t-1 to read as follows:
3 § 837-t-1. Termination due to use of force. Whenever a police officer
4 or peace officer uses physical force and such force is not justifiable
5 pursuant to section 35.30 of the penal law or such force is not in the
6 procedures on the use of physical force established by the police offi-
7 cer's or peace officer's employer, such police officer or peace officer
8 shall be terminated from such position immediately. Such police officer
9 or peace officer shall be terminated regardless of if harm is done any
10 person or if any complaint is filed against such police officer or peace
11 officer.
12 § 2. This act shall take effect on the thirtieth day after it shall
13 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01097-01-3