New York A 7425: Relates to reducing a correction officer's pension to satisfy certain judgments

Bill Text

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A07425 Summary:

BILL NOA07425 

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SAME ASNo Same As

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SPONSORGibbs

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COSPNSR

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MLTSPNSR

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Amd Art 5 §7, Constn

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Relates to reducing a correction officer's pension to satisfy certain judgments from the death or hospitalization of an incarcerated individual; provides that a correction officer's pension may be reduced to no less than $20,000 to satisfy a judgment; provides that a court shall hold a hearing to determine the amount of the reduction.

Go to top A07425 Actions:

BILL NOA07425 

&nbsp

03/26/2025referred to governmental employees

03/28/2025to attorney-general for opinion

04/14/2025opinion referred to judiciary

01/07/2026referred to governmental employees

01/08/2026to attorney-general for opinion

01/30/2026opinion referred to judiciary

Go to topA07425 Committee&nbspVotes:

Go to topA07425 Floor&nbspVotes:

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

Go to topA07425 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7425

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 26, 2025
 ___________

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

 CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

 proposing an amendment to article 5 of the constitution, in relation to
 reducing a correction officer's pension to satisfy certain judgments

 1 Section 1. Resolved (if the Senate concur), That section 7 of article
 2 5 of the constitution be amended by adding a new subdivision (e) to read
 3 as follows:
 4 (e) (i) Notwithstanding subdivision (a) of this section, the public
 5 pension of a correction officer, as defined in paragraph (ii) of this
 6 subdivision, who is found liable for the death or hospitalization of an
 7 incarcerated individual, may be reduced to no less than twenty thousand
 8 dollars to satisfy any judgment against such correction officer prior to
 9 the payment of any public funds, following notice and a hearing by an
 10 appropriate court, as provided by law. The court determination whether
 11 to reduce such pension shall be based on the consideration of factors
 12 including the severity of such correction officer's actions and the
 13 proportionality of a reduction of such pension to such actions. When a
 14 court issues an order to reduce such pension, the court shall consider
 15 and determine specific findings as to the amount of such reduction, if
 16 any, and whether the reduction would result in undue hardship or other
 17 inequity upon any dependent children, spouse or other dependents; and
 18 other factors as provided by law. The legislature shall enact legis-
 19 lation to implement this amendment.
 20 (ii) For the purposes of paragraph (i) of this subdivision, the term
 21 "correction officer" shall mean a person employed by the state or a
 22 political subdivision thereof and is charged with the duty of maintain-
 23 ing the custody and supervision of persons detained or confined in a
 24 state or local correctional facility.
 25 (iii) Paragraph (i) of this subdivision shall only apply to actions
 26 filed on or after the first of January next succeeding the date upon

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD89110-01-5

 A. 7425 2

 1 which the people shall approve and ratify the amendment to the constitu-
 2 tion that added this subdivision.
 3 § 2. Resolved (if the Senate concur), That the foregoing amendment be
 4 referred to the first regular legislative session convening after the
 5 next succeeding general election of members of the assembly, and, in
 6 conformity with section 1 of article 19 of the constitution, be
 7 published for 3 months previous to the time of such election.

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