NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10630
SPONSOR: Rules (Fahy)
TITLE OF BILL:
An act to amend the executive law, in relation to law enforcement inter-
vention against police misconduct
SUMMARY OF PROVISIONS:
Section 1: Sets definitions.
Section 2: Enumerates protections for law enforcement officers who
intervene in situations of police misconduct.
Law enforcement officers in New York and around the country have come
under criticism for egregious police misconduct in certain situations,
especially in their interactions with the minority community. A large
subject of this criticism is a culture of policing that limits and in
some instances actively discourages accountability for wrongdoing. In
particular officers who may wish to intervene in situations of police
misconduct may be reluctant to do so because of professional repercus-
sions and a lack of protection from liability.
In 2006, City of Buffalo Police Officer Cariol Horne intervened when a
fellow officer was beating a prisoner who was handcuffed and unarmed.
Following an investigation of the incident, Officer Horne was fired from
her position with the BPD. This legislation is aimed.to create Good
Samaritan protections for officers like Horne, insulating them from
professional retaliation and civil and criminal liability stemming from
their intervention against police misconduct.
PRIOR LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This act shall take effect immediately, and shall expire and be deemed
repealed two years after the expiration of the state disaster emergency,
as such term is defined in section 20 of the executive law, declared
pursuant to executive order 202 of 2020, as amended.
STATE OF NEW YORK
June 10, 2020
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Fahy) --
read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to law enforcement inter-
vention against police misconduct
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-v
2 to read as follows:
3 § 837-v. Law enforcement intervention against police misconduct. 1.
4 Definitions. When used in this section, and unless the specific context
5 indicates otherwise, the following terms shall have the following mean-
7 (a) "Police misconduct" means conduct by a law enforcement officer in
8 the course of an arrest or otherwise in the official capacity of such
9 law enforcement officer that is:
10 (i) excessive, forceful, or violent and that is not justified under
11 section 35.30 of the penal law;
12 (ii) a false arrest;
13 (iii) sexual misconduct; or
14 (iv) witness tampering.
15 (b) A "law enforcement employee" means:
16 (i) any employee of the state police department, as defined in section
17 two hundred twenty-three of this chapter;
18 (ii) any employee of a county sheriff's department; or
19 (iii) any employee of a city, town, village, university, park, or
20 public authority's police department.
21 2. Immunity from liability and professional retaliation against a law
22 enforcement employee who intervenes against police misconduct.
23 (a) Any law enforcement employee who in good faith intervenes against
24 police misconduct in compliance with this article shall have immunity
25 from any liability, civil or criminal, that might otherwise result by
26 reason of such actions.
27 (b) A law enforcement agency shall not take any retaliatory personnel
28 action, as such term is defined in paragraph (e) of subdivision one of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 10630 2
1 section seven hundred forty of the labor law, against a law enforcement
2 employee because such employee believes that he or she had reasonable
3 cause to intervene against police misconduct and intervened against such
4 police misconduct.
5 § 2. This act shall take effect immediately.