New York A 3408: Relates to the termination of law enforcement officer benefits for malfeasance or serious misconduct

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A03408 Summary:

BILL NOA03408 

&nbsp

SAME ASSAME AS S03818

&nbsp

SPONSORTaylor

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COSPNSRMeeks

&nbsp

MLTSPNSR

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Add §108, Civ Serv L

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Provides that any officer terminated who was dismissed for malfeasance or serious misconduct or resigned or retired during an investigation relating to such malfeasance or serious misconduct shall not be entitled to receive any retirement or other benefit or payment of any kind.

Go to top A03408 Actions:

BILL NOA03408 

&nbsp

01/27/2025referred to governmental employees

01/07/2026referred to governmental employees

Go to topA03408 Committee&nbspVotes:

Go to topA03408 Floor&nbspVotes:

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

Go to topA03408 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3408

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 27, 2025
 ___________

 Introduced by M. of A. TAYLOR -- read once and referred to the Committee
 on Governmental Employees

 AN ACT to amend the civil service law, in relation to the termination of
 law enforcement officer benefits for malfeasance or serious misconduct

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

 1 Section 1. The civil service law is amended by adding a new section
 2 108 to read as follows:
 3 § 108. Termination of benefits; law enforcement officers. 1. Notwith-
 4 standing any other provision of law, any law enforcement officer that is
 5 terminated and who (a) was dismissed for malfeasance or any other seri-
 6 ous misconduct, or (b) resigned or retired from such position while
 7 under investigation for such malfeasance or other serious misconduct,
 8 shall not be entitled to receive any retirement or other benefit or
 9 payment of any kind.
 10 2. The provisions of this section shall not apply to any law enforce-
 11 ment officer who is exonerated of each allegation against such officer
 12 of such malfeasance or other serious misconduct.
 13 3. For purposes of this section, the following terms shall have the
 14 following meanings:
 15 (a) "law enforcement officer" means a police officer as defined in
 16 subdivision thirty-four of section 1.20 of the criminal procedure law;
 17 (b) "malfeasance" means the commonly approved usage of "malfeasance";
 18 and
 19 (c) "serious misconduct" means improper or illegal actions taken by a
 20 law enforcement officer in connection with such officer's official
 21 duties that could result in a miscarriage of justice or discrimination,
 22 including, but not limited to, (i) a conviction of a felony, (ii) fabri-
 23 cation of evidence, (iii) repeated use of excessive force, (iv) accept-
 24 ance of a bribe, or (v) the commission of fraud.
 25 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03449-01-5

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