New York S 2404: Relates to suicide prevention

Bill Text

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S02404 Summary:

BILL NOS02404 

&nbsp

SAME ASSAME AS A01047

&nbsp

SPONSORSEPULVEDA

&nbsp

COSPNSRHOYLMAN-SIGAL

&nbsp

MLTSPNSR

&nbsp

Amd §837, add §837-y, Exec L; add §195.01, Pen L

&nbsp

Requires police officers to report the misconduct of a police officer; requires the division of criminal justice to establish a protocol to be followed by police agencies when handling and recording mandatory reports of misconduct by a police officer; establishes the crime of failure to report misconduct by a police officer.

Go to top S02404 Actions:

BILL NOS02404 

&nbsp

01/17/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS02404 Committee&nbspVotes:

Go to topS02404 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02404 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2404

 2025-2026 Regular Sessions

 IN SENATE

 January 17, 2025
 ___________

 Introduced by Sens. SEPULVEDA, HOYLMAN-SIGAL -- read twice and ordered
 printed, and when printed to be committed to the Committee on Codes

 AN ACT to amend the executive law, in relation to requiring police offi-
 cers to report the misconduct of a police officer and requiring the
 division of criminal justice to establish a protocol to be followed by
 police agencies when handling and recording mandatory reports of
 misconduct by a police officer; and to amend the penal law, in
 relation to establishing the crime of failure to report misconduct by
 a police officer

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 837 of the executive law is amended by adding a new
 2 subdivision 24 to read as follows:
 3 24. Promulgate a standardized and detailed written protocol to be
 4 followed by police agencies for the handling and recording of mandatory
 5 reports of misconduct by a police officer as required pursuant to
 6 section eight hundred thirty-seven-y of this article. The protocol shall
 7 include provisions protecting police officers who are mandated to report
 8 misconduct from retaliation against such officer as a result of filing
 9 such report. The division shall also promulgate a standardized "officer
 10 misconduct incident report form" for use by police agencies in the
 11 reporting, recording and investigation of all alleged incidents of offi-
 12 cer misconduct, regardless of whether an arrest is made as a result of
 13 such investigation. Such form shall be prepared in multiple parts, one
 14 of which shall be immediately forwarded to the division, and shall
 15 include designated spaces for: the recordation of the results of the
 16 investigation by the police agency and the basis for any action taken;
 17 the recordation of the reporting officer's allegations of misconduct;
 18 and immediately thereunder a space on which the reporting officer shall
 19 sign and verify such officer's allegations. Such protocol shall include
 20 provisions regarding the failure to report misconduct which, notwith-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00334-01-5

 S. 2404 2

 1 standing any provision of a labor contract to the contrary, shall
 2 authorize the police agency to terminate from employment and/or bring
 3 criminal charges against the officer who failed to report the miscon-
 4 duct.
 5 § 2. The executive law is amended by adding a new section 837-y to
 6 read as follows:
 7 § 837-y. Mandatory reporting of misconduct. Every police officer shall
 8 be required to report in accordance with this section when such officer
 9 has reasonable cause to suspect that a police officer, acting in such
 10 officer's professional or official capacity, has used excessive force or
 11 otherwise acted with misconduct in relation to the use of excessive
 12 force. Whenever such officer is required to report under this section,
 13 such officer shall immediately notify such officer's police agency,
 14 which then shall be responsible to forward such report to the division
 15 and to follow the protocol established by the division pursuant to
 16 subdivision twenty-four of section eight hundred thirty-seven of this
 17 article. A police officer who fails to comply with t