S 1079: Requires every police officer, peace officer and employee of a correctional facility to intervene in incidents of violence involving incarcerated individuals.

  
  STATE OF NEW YORK ________________________________________________________________________ 1079 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. CLEARE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the executive law, in relation to requiring intervention in incidents involving incarcerated individuals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 837-y 2 to read as follows: 3 § 837-y. Duty to intervene; violence involving incarcerated individ- 4 uals. 1. For the purposes of this section: 5 (a) "police officer" means a person designated as such in subdivision 6 thirty-four of section 1.20 of the criminal procedure law. 7 (b) "peace officer" means a person listed in section 2.10 of the crim- 8 inal procedure law. 9 2. Every police officer, peace officer and employee of a correctional 10 facility, as defined in section two of the correction law, shall be 11 required to intervene when they witness any incident of violence involv- 12 ing an incarcerated individual and another police officer, peace officer 13 or employee of a correctional facility, to stop such incident in a 14 manner conducive to keeping the peace and preventing violence, injuries 15 and/or death. 16 3. Any police officer, peace officer or employee of a correctional 17 facility who fails to intervene in violation of this section shall be 18 guilty of a class E felony. 19 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03519-01-5