Creates the New York State Civilian Complaint Review Board to investigate alleged misconduct by police and peace officers.

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S3808-2013 Actions

• Feb 21, 2013: REFERRED TO FINANCE

S3808-2013 Memo

BILL NUMBER:S3808

TITLE OF BILL:  An act to amend the executive law, in relation to
creating the New York state civilian complaint review board

PURPOSE OR GENERAL IDEA OF BILL: To create the New York State civilian
complaint review board, an independent and impartial body empowered to
investigate allegations of misconduct by police or peace officers
employed by the State of New York and/or its agencies, public
authorities, and public benefit corporations, and to recommend
disciplinary action where appropriate.

SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends the executive law by
adding a new article 43 to include the following:

-Legislative intent

-Defines "officer" as used in this section

-Creates the New York State civilian complaint review board,
consisting of nine members; provides for appointment of board members;

-Provides that no member of the board shall hold any other public
office or employment, or have experience as a law enforcement
professional;

-Provides that members of the board shall be appointed for terms of
three years;

-Provides for board members to receive reimbursement for expenses and
a per diem allowance;

-Requires the board to appoint an executive director; authorizes the
board to appoint employees, including investigators; empowers the
board to adopt rules and regulations and to issue subpoenas;

-Provides that the board may offer mediation as an alternative to
investigation and discipline;

-Sets forth a complaint review procedure;

-Provides that, in cases where allegations of misconduct are
substantiated, the board shall forward the case to the subject
officer's employer, and may recommend appropriate disciplinary action;
provides that, if no disciplinary action is taken within 30 days, the
board shall forward the case to the district attorney for the
jurisdiction in which the misconduct occurred;

-Requires that all investigations shall be completed within six months
of the date when the complaint was initiated, except in extenuating
circumstances.

Section 2: Act to take effect immediately.

JUSTIFICATION: In an orderly and just society, it is critical that the
public have confidence in the integrity of its police forces. When


allegations are made of misconduct by police or peace officers, it is
in the interest of the officers, the alleged victims, and the public
at large that these allegations are investigated by an impartial,
independent, and credible body.

For this reason, in 1993 New York City created its civilian complaint
review board, a non-police investigative body tasked with providing
oversight of the New York Police Department, with the power to issue
subpoenas and to recommend disciplinary action where necessary. The
New York City civilian complaint review board has played a critical
role in building public confidence in the NYPD, and has helped to
build trust between officers and the communities they patrol.

Currently, no such body exists to mediate between the public and the
myriad police and peace officer forces employed by the State of New
York and its agencies, public authorities, and public benefit
corporations. Allegations of abuse of authority or use of excessive
force by these officers are typically handled by internal
investigation processes, which are often murky and inconsistent, and
which may have the appearance of lacking impartiality, as they are
conducted by colleagues or supervisors of the officers accused of
misconduct.

Both officers and members of the public will benefit by having such
complaints investigated in a fair, consistent, and transparent manner
by an independent and impartial body. By creating the New York State
civilian complaint review board, this legislation will enhance New
Yorkers' access to equal justice and will build confidence and a
better working relationship between New York State police and peace
officers and the public they serve.

PRIOR LEGISLATIVE HISTORY: A.741 of 2011-12; A.10618 of 2010

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Act to take effect immediately.

S3808-2013 Text

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

                                    3808

                         2013-2014 Regular Sessions

                              I N  SENATE

                              February 21, 2013
                                 ___________

  Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
    printed to be committed to the Committee on Finance

  AN ACT to amend the executive law, in relation to creating the New  York
    state civilian complaint review board

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


    Section 1. The executive law is amended  by adding a new article 43 to
  read as follows:

                                 ARTICLE 43
                NEW YORK STATE CIVILIAN COMPLAINT REVIEW BOARD
  SECTION 930. NEW YORK STATE CIVILIAN COMPLAINT REVIEW BOARD.
    S 930. NEW YORK STATE CIVILIAN COMPLAINT REVIEW BOARD. 1.  LEGISLATIVE
  INTENT. IT IS IN THE INTEREST OF THE PEOPLE OF THE STATE OF NEW YORK AND
  POLICE  DEPARTMENTS  AND  PEACE  OFFICERS  THROUGHOUT THE STATE THAT THE
  INVESTIGATION OF COMPLAINTS CONCERNING MISCONDUCT  BY  OFFICERS  TOWARDS
  MEMBERS  OF  THE  PUBLIC  BE  COMPLETE,  THOROUGH  AND  IMPARTIAL. THESE
  INQUIRIES MUST BE CONDUCTED FAIRLY AND INDEPENDENTLY, AND IN A MANNER IN
  WHICH THE PUBLIC AND THE POLICE HAVE CONFIDENCE. AN INDEPENDENT CIVILIAN
  COMPLAINT REVIEW BOARD IS HEREBY ESTABLISHED AS A BODY COMPRISED  SOLELY
  OF  MEMBERS  OF THE PUBLIC WITH THE AUTHORITY TO INVESTIGATE ALLEGATIONS
  OF MISCONDUCT AS PROVIDED IN THIS SECTION.
    2. DEFINITIONS. (A) AS USED IN THIS SECTION, THE TERM "OFFICER"  SHALL
  MEAN "POLICE OFFICERS" AS DEFINED IN PARAGRAPHS (A), (E), (F), (H), (J),
  (K),  (L),  (M),  (P),  (Q),  (S), AND (V) OF SUBDIVISION THIRTY-FOUR OF
  SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW  AND  "PEACE  OFFICERS"  AS
  DEFINED IN SUBDIVISIONS THREE, FOUR, FIVE, SIX, EIGHT, TWELVE, THIRTEEN,
  FIFTEEN,  SIXTEEN, TWENTY, TWENTY-ONE, TWENTY-TWO, TWENTY-THREE, TWENTY-
  FOUR, TWENTY-FIVE, TWENTY-SIX,  TWENTY-SEVEN,  TWENTY-NINE,  THIRTY-TWO,
  THIRTY-THREE, THIRTY-FOUR, THIRTY-FIVE, THIRTY-SIX, THIRTY-EIGHT, FORTY,
  FORTY-FIVE,  FORTY-SIX,  FORTY-SEVEN,  FIFTY-TWO, FIFTY-NINE, SIXTY-ONE,

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01812-01-3

 S. 3808                             2

  SIXTY-TWO, SIXTY-EIGHT, SEVENTY-FOUR, SEVENTY-NINE,  AND  EIGHTY-TWO  OF
  SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW.
    (B)  AS  USED  IN  THIS  SECTION "BOARD" SHALL MEAN THE NEW YORK STATE
  CIVILIAN COMPLAINT REVIEW BOARD.
    (C) AS USED IN THIS SECTION, "INVESTIGATOR" SHALL MEAN AN INVESTIGATOR
  AS APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION  THREE  OF
  THIS SECTION.
    3.  APPOINTMENTS.  (A) THE BOARD SHALL CONSIST OF NINE MEMBERS; THREE,
  INCLUDING THE CHAIR, AS SELECTED BY THE GOVERNOR; AND SIX MEMBERS TO  BE
  APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATIONS, RESPECTIVELY, OF THE
  ATTORNEY  GENERAL,  THE  COMPTROLLER,  THE  TEMPORARY  PRESIDENT  OF THE
  SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY,
  AND  THE MINORITY LEADER OF THE ASSEMBLY. ANY VACANCY IN THE BOARD SHALL
  BE FILLED FOR THE UNEXPIRED TERM IN THE  SAME  MANNER  AS  THE  ORIGINAL
  APPOINTMENT.
    (B)  NO  MEMBER  OF  THE  BOARD  SHALL HOLD ANY OTHER PUBLIC OFFICE OR
  EMPLOYMENT. NO MEMBERS SHALL HAVE EXPERIENCE AS LAW ENFORCEMENT  PROFES-
  SIONALS.  FOR THE PURPOSES OF THIS SECTION, EXPERIENCE AS A LAW ENFORCE-
  MENT PROFESSIONAL SHALL INCLUDE EXPERIENCE AS A  PEACE  OFFICER,  POLICE
  OFFICER, CRIMINAL INVESTIGATOR, SPECIAL AGENT, OR A MANAGERIAL OR SUPER-
  VISORY  EMPLOYEE  WHO  EXERCISED  SUBSTANTIAL  POLICY  DISCRETION ON LAW
  ENFORCEMENT MATTERS, IN A FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT AGEN-
  CY, OTHER THAN EXPERIENCE AS AN ATTORNEY IN A PROSECUTORIAL AGENCY.
    (C) THE MEMBERS OF THE BOARD SHALL BE APPOINTED  FOR  TERMS  OF  THREE
  YEARS.
    (D)  EACH  MEMBER  OF THE BOARD SHALL BE ENTITLED TO REIMBURSEMENT FOR
  HIS OR HER ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE  OF
  HIS OR HER OFFICIAL DUTIES AND A PER DIEM ALLOWANCE OF ONE HUNDRED FIFTY
  DOLLARS  WHEN RENDERING SERVICE AS A MEMBER; PROVIDED THAT THE AGGREGATE
  OF SUCH PER DIEM ALLOWANCE TO ANY ONE MEMBER IN ANY ONE FISCAL  YEAR  OF
  THE BOARD SHALL NOT EXCEED THE SUM OF FIVE THOUSAND DOLLARS.
    4.  POWERS  AND  DUTIES  OF  THE BOARD. (A) THE BOARD SHALL APPOINT AN
  EXECUTIVE DIRECTOR WHO SHALL ACT IN ACCORDANCE WITH THE POLICIES OF  THE
  BOARD.
    (B) THE BOARD IS AUTHORIZED, WITHIN APPROPRIATIONS AVAILABLE THEREFOR,
  TO  APPOINT  SUCH  EMPLOYEES AS ARE NECESSARY TO EXERCISE ITS POWERS AND
  FULFILL ITS DUTIES. THE BOARD SHALL APPOINT INVESTIGATORS TO INVESTIGATE
  CIVILIAN COMPLAINTS. SUCH INVESTIGATORS SHALL HAVE INVESTIGATIVE EXPERI-
  ENCE AS A CONDITION OF THEIR APPOINTMENT BY THE BOARD.
    (C) THE BOARD SHALL HAVE THE POWER TO ADOPT, AMEND AND  RESCIND  RULES
  AND  REGULATIONS  TO  GOVERN  PROCEDURES OF THE BOARD IN ACCORDANCE WITH
  THIS SECTION.
    (D) THE BOARD SHALL HAVE THE POWER TO SUBPOENA AND REQUIRE THE ATTEND-
  ANCE IN THIS STATE OF WITNESSES AND THE PRODUCTION OF BOOKS  AND  PAPERS
  PERTINENT  TO  THE  INVESTIGATION AND INQUIRIES HEREBY AUTHORIZED AND TO
  EXAMINE THEM AND SUCH PUBLIC RECORDS AS IT SHALL REQUIRE RELATING TO ANY
  SUCH MATTER. A SUBPOENA ISSUED PURSUANT TO THIS ACTION  SHALL  BE  REGU-
  LATED BY THE CIVIL PRACTICE LAW AND RULES.
    (E)  THE  BOARD  MAY  ALSO OFFER, BUT MAY NOT REQUIRE, MEDIATION BY AN
  EXPERIENCED MEDIATOR BETWEEN A COMPLAINANT AND A SUBJECT OFFICER  AS  AN
  ALTERNATIVE  TO INVESTIGATION AND DISCIPLINE. THE BOARD SHALL SET GUIDE-
  LINES TO DETERMINE CASES APPROPRIATE FOR MEDIATION.
    5. COMPLAINT REVIEW PROCEDURE. (A) COMPLAINTS MAY BE INITIATED BY  ANY
  PERSON  WHETHER  OR  NOT THAT PERSON IS A VICTIM OF, OR A WITNESS TO, AN
  INCIDENT ALLEGING THE USE OF EXCESSIVE FORCE OR ABUSE  OF  AUTHORITY.  A
  COMPLAINT MAY ALSO BE INITIATED BY THE BOARD, UPON A MAJORITY VOTE THER-

 S. 3808                             3

  EOF,  IF  THE  BOARD DETERMINES THAT THERE IS A CLEAR PUBLIC INTEREST IN
  DOING SO.
    (B)  THE  BOARD  MUST TAKE REASONABLE MEASURES TO ENSURE THE CONFIDEN-
  TIALITY OF ALL COMPLAINANTS.
    (C) ALL COMPLAINTS, OTHER THAN THOSE IN WHICH BOTH THE COMPLAINANT AND
  THE SUBJECT OFFICER AGREE TO MEDIATION, SHALL BE ASSIGNED TO AN INVESTI-
  GATOR, WHO SHALL TAKE SUCH STEPS AS ARE  NECESSARY  TO  INVESTIGATE  THE
  COMPLAINT, INCLUDING OBTAINING A STATEMENT FROM THE COMPLAINANT, WITNESS
  STATEMENTS,  DOCUMENTARY EVIDENCE, AND INTERVIEWS WITH SUBJECT OFFICERS.
  WHEN THE INVESTIGATION IS COMPLETE, IT SHALL BE FORWARDED TO THE  BOARD,
  OR  A  PANEL  CONSISTING  OF  AT LEAST THREE MEMBERS OF THE BOARD, WHICH
  SHALL READ THE CASE, REVIEW ALL OF THE EVIDENCE AND VOTE ON THE DISPOSI-
  TION OF EACH ALLEGATION RAISED BY THE COMPLAINT.
    (D) THE BOARD'S VOTE ON EACH ALLEGATION BROUGHT BEFORE IT SHALL RESULT
  IN ONE OF THE FOLLOWING DISPOSITIONS:

    (I)  SUBSTANTIATED;  A  FINDING  THAT  THERE  IS  SUFFICIENT  CREDIBLE
  EVIDENCE  TO  BELIEVE THAT THE SUBJECT OFFICER COMMITTED THE ACT CHARGED
  IN THE ALLEGATION CONSTITUTING MISCONDUCT;
    (II) EXONERATED; A FINDING THAT THE SUBJECT OFFICER WAS FOUND TO  HAVE
  COMMITTED THE ACT ALLEGED, BUT THE SUBJECT OFFICER'S ACTIONS WERE DETER-
  MINED TO BE LAWFUL AND PROPER;
    (III)  UNFOUNDED; A FINDING THAT THERE IS SUFFICIENT CREDIBLE EVIDENCE
  TO BELIEVE THAT THE SUBJECT OFFICER DID NOT COMMIT THE  ALLEGED  ACT  OF
  MISCONDUCT;
    (IV)  UNSUBSTANTIATED;  A  FINDING  THAT  THE  WEIGHT OF THE AVAILABLE
  EVIDENCE IS INSUFFICIENT TO SUBSTANTIATE, EXONERATE OR UNFOUND THE ALLE-
  GATION;
    (V) OFFICER OR OFFICERS UNIDENTIFIED; A FINDING  THAT  THE  BOARD  WAS
  UNABLE TO IDENTIFY THE SUBJECT OR SUBJECTS OF THE ALLEGED MISCONDUCT; OR
    (VI) MISCELLANEOUS; A FINDING THAT THE SUBJECT OF THE ALLEGATION IS NO
  LONGER AN OFFICER.
    (E)  IF  ANY  OF  THE  ALLEGATIONS  ARE SUBSTANTIATED, THE BOARD SHALL
  FORWARD THE CASE TO THE SUBJECT OFFICER'S EMPLOYER, AND MAY RECOMMEND TO
  THE EMPLOYER APPROPRIATE DISCIPLINARY ACTION. IF, WITHIN THIRTY DAYS  OF
  A  CASE  BEING FORWARDED FOR DISCIPLINE, NO DISCIPLINARY ACTION IS TAKEN
  BY AN OFFICER'S EMPLOYER WITH RESPECT TO THE  SUBSTANTIATED  ALLEGATIONS
  OF MISCONDUCT, THE BOARD SHALL FORWARD THE CASE TO THE DISTRICT ATTORNEY
  FOR THE JURISDICTION IN WHICH THE MISCONDUCT OCCURRED.
    (F)  EXCEPT  IN EXTENUATING CIRCUMSTANCES, ALL INVESTIGATIONS SHALL BE
  COMPLETED WITHIN SIX MONTHS OF THE DATE WHEN THE  COMPLAINT  WAS  INITI-
  ATED.
    S 2. This act shall take effect immediately.