BILL NUMBER: S2404
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
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 miscon-
duct by a police officer; and to amend the penal law, in relation to
establishing the crime of failure to report misconduct by a police offi-
cer
 
PURPOSE:
Requiring police officers to report incidents of wrongdoing by a police
officer and requiring DCJ to institute practices to be followed by
police agencies when managing and logging such mandated reports of
misconduct by a police officer and establishing the crime of failure to
report misconduct by a police officer.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 837 of the executive law by adding a new subdi-
vision 24 which calls for a standardized and detailed written protocol
to be followed by police agencies handling and recording of mandatory
reports of misconduct by a police officer. It shall include provisions
protecting police officers that are mandated to report misconduct from
retaliation against such officer as a result of filing such report. DCJ
is to also promulgate an "officer misconduct incident report form" for
use by police agencies in the reporting, recoding and investigating of
alleged incidents of officer misconduct, regardless of if an arrest is
made due to the investigation.
The form is to be prepared in multiple parts, one of which shall be
immediately forwarded to the division. The protocols shall include a
provision regarding failing to report misconduct and shall authorize the
police agency to terminate employment and/or bring criminal charges
against the officer who failed to report the misconduct.
Section 2 adds a new section 837-y requires that every police officer
shall report incidents of misconduct when they have reasonable cause to
suspect that a police officer, acting in their official capacity, has
used excessive force or otherwise acted with misconduct in relation to
the use of excessive force. Whenever such officer is required to report
misconduct, they shall immediately notify their policy agency, which
then shall be responsible to forward the report to DCJ and follow the
protocols established by the division. Failure by a police officer to
comply with these requirements shall be charged with failure to report
misconduct by a police officer pursuant to section 195.01 of the penal
law.
Section 3 of the penal law is amended by adding a new section 195.01.
Failure to report misconduct by a police officer will be when he or she
has reasonable cause to suspect that a police officer has used excessive
force while in their official or professional capacity or fails to
report misconduct pursuant to section 837-y of the executive law. Fail-
ure would be a class D felony.
Section 4 states the effective date.
 
JUSTIFICATION:
Incidents of police misconduct are a systemic problem. Although many
police misconduct complaints are lodged by civilians, the well-known
"code of silence" among police officers implies an informal rule not to
report on their fellow officer's mistakes, misconducts or crimes. This
leads to less police officers reporting incidents of misconduct of their
peers.
This legislation-would make it mandatory for police officers to report
misconduct by a fellow police officer. Failing to do could result in
employment termination and/or criminal charges brought against the offi-
cer who failed to report the misconduct.
 
LEGISLATIVE HISTORY:
S.743 of 2023-2024; Referred to Codes
S. 2186-A of 2022, Referred to Codes;
S. 2186 of 2021, Amended and Referred to Codes;
A. 10597 of 2020, Referred to governmental operations
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S2404: 837 executive law, 195.01 penal law