New York A 126: Provides final discipline authority over civilian complaints to the civilian complaint review board

Bill Text

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A00126 Summary:

BILL NOA00126 

&nbsp

SAME ASSAME AS S04354

&nbsp

SPONSORCruz

&nbsp

COSPNSRBurdick, Seawright, Simone, Cunningham, Jackson, Raga, Carroll R, Gonzalez-Rojas, Lee, Wright,
 Simon

&nbsp

MLTSPNSR

&nbsp

Amd §§434 & 440, NYC Chart; amd §14-115, NYC Ad Cd

&nbsp

Provides final discipline authority over civilian complaints to the civilian complaint review board; creates a hearing officer and adjudicative body for such complaint review board.

Go to top A00126 Actions:

BILL NOA00126 

&nbsp

01/08/2025referred to cities

01/07/2026referred to cities

Go to topA00126 Committee&nbspVotes:

Go to topA00126 Floor&nbspVotes:

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

Go to topA00126 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 126

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. CRUZ, BURDICK, SEAWRIGHT, SIMONE, CUNNINGHAM,
 JACKSON -- read once and referred to the Committee on Cities

 AN ACT to amend the New York city charter and the administrative code of
 the city of New York, in relation to providing final discipline
 authority over civilian complaints to the civilian complaint review
 board

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

 1 Section 1. Subdivision a of section 434 of the New York city charter
 2 is amended to read as follows:
 3 a. The commissioner shall have cognizance and control of the govern-
 4 ment, administration, disposition and discipline of the department, and
 5 of the police force of the department, with the exception of discipli-
 6 nary determinations and adjudications made by the civilian complaint
 7 review board, which shall not be within the discretion of the police
 8 commissioner.
 9 § 2. Section 440 of the New York city charter, as added by local law
 10 number 1 of the city of New York for the year 1993, paragraphs 1, 3 and
 11 4 of subdivision (b) as amended by section 1, paragraph 3 of subdivision
 12 (d) as amended by section 4 and subdivision (g) as added by section 5 of
 13 question 2 of local law number 215 of the city of New York for the year
 14 2019, paragraphs 1, 2 and 5 of subdivision (c) as amended by local law
 15 number 24 of the city of New York for the year 2022, paragraphs 3 and 6
 16 of subdivision (c) and paragraphs 1 and 2 of subdivision (d) as amended
 17 by local law 47 of the city of New York for the year 2021, is amended to
 18 read as follows:
 19 § 440. Public complaints against members of the police department. (a)
 20 It is in the interest of the people of the city of New York and the New
 21 York city police department that the investigation and prosecution of
 22 complaints concerning misconduct by officers of the department towards

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00204-01-5

 A. 126 2

 1 members of the public be complete, thorough and impartial. These
 2 inquires must be conducted fairly and independently, and in a manner in
 3 which the public and the police department have confidence. An independ-
 4 ent civilian complaint review board is hereby established as a body
 5 comprised solely of members of the public with the authority to investi-
 6 gate and prosecute allegations of police misconduct as provided in this
 7 section.
 8 (b) Civilian complaint review board.
 9 1. The civilian complaint review board shall consist of 15 members of
 10 the public. Members shall be residents of the city of New York and shall
 11 reflect the diversity of the city's population. The members of the board
 12 shall be appointed as follows: (i) five members, one from each of the
 13 five boroughs, shall be appointed by the city council; (ii) one member
 14 shall be appointed by the public advocate; (iii) three members with
 15 experience as law enforcement professionals shall be designated by the
 16 police commissioner and appointed by the mayor; (iv) five members shall
 17 be appointed by the mayor; and (v) one member shall be appointed jointly
 18 by the mayor and the speaker of the council to serve as chair of the
 19 board.
 20 2. No member of the board shall hold any other public office or
 21 employmen