A 1047: Requires police officers to report the misconduct of a police officer; requires the division of criminal justice to establish a protocol to be followed by police agencies when handling and recording mandatory reports of misconduct by a police officer; establishes the crime of failure to report misconduct by a police officer.

  
  STATE OF NEW YORK ________________________________________________________________________ 1047 2025-2026 Regular Sessions  IN ASSEMBLY January 8, 2025 ___________ Introduced by M. of A. RAMOS, JACKSON, MEEKS, FORREST, GIBBS, ANDERSON -- read once and referred to the Committee on Governmental Operations 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 misconduct by a police officer; and to amend the penal law, in relation to establishing the crime of failure to report misconduct by a police officer The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 837 of the executive law is amended by adding a new 2 subdivision 24 to read as follows: 3 24. Promulgate a standardized and detailed written protocol to be 4 followed by police agencies for the handling and recording of mandatory 5 reports of misconduct by a police officer as required pursuant to 6 section eight hundred thirty-seven-y of this article. The protocol shall 7 include provisions protecting police officers who are mandated to report 8 misconduct from retaliation against such officer as a result of filing 9 such report. The division shall also promulgate a standardized "officer 10 misconduct incident report form" for use by police agencies in the 11 reporting, recording and investigation of all alleged incidents of offi- 12 cer misconduct, regardless of whether an arrest is made as a result of 13 such investigation. Such form shall be prepared in multiple parts, one 14 of which shall be immediately forwarded to the division, and shall 15 include designated spaces for: the recordation of the results of the 16 investigation by the police agency and the basis for any action taken; 17 the recordation of the reporting officer's allegations of misconduct; 18 and immediately thereunder a space on which the reporting officer shall 19 sign and verify such officer's allegations. Such protocol shall include 20 provisions regarding the failure to report misconduct which, notwith- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00334-01-5 
 A. 1047 2 1 standing any provision of a labor contract to the contrary, shall 2 authorize the police agency to terminate from employment and/or bring 3 criminal charges against the officer who failed to report the miscon- 4 duct. 5 § 2. The executive law is amended by adding a new section 837-y to 6 read as follows: 7 § 837-y. Mandatory reporting of misconduct. Every police officer shall 8 be required to report in accordance with this section when such officer 9 has reasonable cause to suspect that a police officer, acting in such 10 officer's professional or official capacity, has used excessive force or 11 otherwise acted with misconduct in relation to the use of excessive 12 force. Whenever such officer is required to report under this section, 13 such officer shall immediately notify such officer's police agency, 14 which then shall be responsible to forward such report to the division 15 and to follow the protocol established by the division pursuant to 16 subdivision twenty-four of section eight hundred thirty-seven of this 17 article. A police officer who fails to comply with the requirements of 18 this section shall be charged with failure to report misconduct by a 19 police officer pursuant to section 195.01 of the penal law. 20 § 3. The penal law is amended by adding a new section 195.01 to read 21 as follows: 22 § 195.01 Failure to report misconduct by a police officer. 23 A police officer is guilty of failure to report misconduct by a police 24 officer when such officer: 25 1. has reasonable cause to suspect that a police officer, acting in 26 such officer's professional or official capacity, has used excessive 27 force or otherwise acted with misconduct in relation to the use of 28 excessive force; and 29 2. fails to report such misconduct as required pursuant to section 30 eight hundred thirty-seven-y of the executive law. 31 Failure to report misconduct by a police officer is a class D felony. 32 § 4. This act shall take effect immediately.