S T A T E   O F   N E W   Y O R K
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                                  5025

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2015
                               ___________

Introduced  by  M.  of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY,
  SCARBOROUGH -- read once and referred to the Committee on Governmental
  Employees

AN ACT to amend chapter 753 of the  laws  of  1990  amending  the  civil
  service  law, relating to suspension of police officers pending deter-
  mination of charges; and to amend the civil service law,  in  relation
  to  suspension  of  New  York city police officers without pay pending
  determination of charges

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 1 of chapter 753 of the laws of 1990 amending the
civil service law, relating to suspension  of  police  officers  pending
determination of charges, is amended to read as follows:
  Section 1. Notwithstanding any other provision of law to the contrary,
police officers as defined in paragraph (d) of subdivision 34 of section
1.20  of  the  criminal  procedure  law and as designated members of the
police department of the city of New York pursuant to section 431 of the
New York city charter, pending the determination of charges of  incompe-
tency  or  misconduct may not be suspended for a period exceeding thirty
days; PROVIDED, HOWEVER, THAT ANY  SUCH  POLICE  OFFICER  WHO  HAS  BEEN
CHARGED  AND  INDICTED  FOR  A  CRIME  RESULTING IN DEATH OR INJURY TO A
PERSON AS DEFINED IN SECTION 10.00 OF THE PENAL LAW MAY BE SUSPENDED FOR
AN INDEFINITE PERIOD PENDING THE DETERMINATION OF THE  CRIMINAL  INDICT-
MENT AND OTHER DEPARTMENTAL CHARGES OF INCOMPETENCY OR MISCONDUCT.
  S  2. Subdivision 3-a of section 75 of the civil service law, as added
by chapter 753 of the laws of 1990, is amended to read as follows:
  3-a. Suspension pending determination of charges and penalties  relat-
ing to police officers of the police department of the city of New York.
Pending  the  hearing  and  determination  of charges of incompetency or
misconduct, a police officer employed by the police  department  of  the
city of New York may be suspended without pay for a period not exceeding

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03766-01-5
              

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thirty days; PROVIDED THAT SUCH OFFICER MAY BE SUSPENDED WITHOUT PAY FOR
AN  INDEFINITE  PERIOD PENDING THE DETERMINATION OF A CHARGE OF INCOMPE-
TENCY OR MISCONDUCT RESULTING IN DEATH OR  SERIOUS  PHYSICAL  INJURY  AS
DEFINED  IN  SECTION  10.00  OF THE PENAL LAW.  If such officer is found
guilty of the charges, the police commissioner of  such  department  may
punish  the police officer pursuant to the provisions of sections 14-115
and 14-123 of the administrative code of the city of New York.
  S 3. If any item, clause, sentence, subparagraph, subdivision, section
or other part of this act, or the application thereof to any  person  or
circumstances  shall  be  held  to  be  invalid,  such holding shall not
affect, impair or invalidate the remainder of this act, or the  applica-
tion  of  such  section  or part of a section held invalid, to any other
person or circumstances, but shall be confined in its operation  to  the
item, clause, sentence, subparagraph, subdivision, section or other part
of  this  act  directly  involved  in such holding, or to the person and
circumstances therein involved.
  S 4. This act shall take effect immediately and shall apply  to  cases
pending or arising on or after such effective date.