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A00739 Summary:

BILL NOA00739
 
SAME ASNo Same As
 
SPONSORCarroll
 
COSPNSRSeawright
 
MLTSPNSR
 
Add §837-t-1, Exec L
 
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.
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A00739 Actions:

BILL NOA00739
 
01/11/2023referred to governmental employees
01/03/2024referred to governmental employees
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A00739 Memo:

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.
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A00739 Text:



 
                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
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