New York 2025-2026 Regular Session

New York Assembly Bill A00126

Introduced
1/8/25  
Refer
1/8/25  

Caption

Provides final discipline authority over civilian complaints to the civilian complaint review board; creates a hearing officer and adjudicative body for such complaint review board.

Summary

This bill would significantly expand the authority of the New York City Civilian Complaint Review Board (CCRB) over police misconduct complaints. It amends the New York City Charter and Administrative Code to give the CCRB final disciplinary authority in substantiated civilian complaints, rather than leaving final discipline decisions to the police commissioner. The bill also authorizes the CCRB to investigate, hear, make findings on, and prosecute complaints involving excessive force, abuse of authority, bias-based policing, racial profiling, discourtesy, offensive language, and related truthfulness issues in official statements. The measure creates a new adjudicative structure within the CCRB, including civilian hearing officers with no law enforcement background and an administrative prosecution unit staffed by attorneys. When the CCRB substantiates allegations and recommends discipline such as fines, reprimand, suspension, or dismissal, the matter would be heard and decided through this CCRB process, with the police commissioner having no discretion to override the result. The bill also requires police department cooperation with CCRB investigations, expands subpoena and reporting powers, and sets a minimum funding formula tied to a percentage of the NYPD’s uniform headcount, subject to limited fiscal exceptions.

Impact

The bill would amend core provisions of the New York City Charter and Administrative Code governing police discipline, shifting final decision-making power in civilian complaint cases from the police commissioner to the CCRB. It would also create new statutory duties for the CCRB, including civilian investigators, an administrative prosecution unit, hearing officers, and semiannual reporting requirements, while preserving the ability of courts, grand juries, district attorneys, and other lawful authorities to pursue criminal matters. The bill expressly states that it does not make police discipline subject to collective bargaining or arbitration and does not remove police discipline from local governance.

Sentiment

The bill’s overall thrust is reform-oriented and appears designed to strengthen civilian oversight, increase independence, and reduce police control over discipline in misconduct cases. Based on the bill text alone, the sentiment is strongly supportive of civilian accountability and transparency, with no recorded committee debate or vote history available in the provided materials to indicate formal opposition or support. The structure of the proposal suggests a deliberate effort to make CCRB findings more consequential and to address concerns that final discipline has been too dependent on the police commissioner.

Contention

The main point of contention is the transfer of final disciplinary authority away from the police commissioner and into a civilian body, which could be viewed by opponents as reducing police managerial discretion and altering traditional disciplinary control. Another likely area of dispute is the creation of a CCRB prosecution function and civilian hearing officer system, which would place non-police actors at the center of adjudicating serious discipline cases. The bill also includes a funding mandate tied to NYPD headcount, which may raise budgetary concerns, although the bill allows reductions for fiscal necessity or unforeseen financial circumstances.

Companion Bills

NY S04354

Same As Provides final discipline authority over civilian complaints to the civilian complaint review board; creates a hearing officer and adjudicative body for such complaint review board.

Previously Filed As

NY A00376

Provides final discipline authority over civilian complaints to the civilian complaint review board; creates a hearing officer and adjudicative body for such complaint review board.

NY S02108

Provides final discipline authority over civilian complaints to the civilian complaint review board; creates a hearing officer and adjudicative body for such complaint review board.

NY S04354

Provides final discipline authority over civilian complaints to the civilian complaint review board; creates a hearing officer and adjudicative body for such complaint review board.

NY SB280

Relating to municipal civilian complaint review boards for peace officer misconduct in certain municipalities.

NY S01846

Expands the investigative powers of the Civilian Complaint Review Board to include complaints alleging bias-based profiling.

NY S03402

Expands the investigative powers of the Civilian Complaint Review Board to include complaints alleging bias-based profiling.

NY A05617

Expands the investigative powers of the Civilian Complaint Review Board to include complaints alleging bias-based profiling.

NY S08856

Requires each county to establish a county law enforcement civilian complaint review board to assist the board of supervisors with the investigation of complaints concerning misconduct by members of county law enforcement towards members of the public in a complete, thorough and impartial manner.

NY A09617

Requires each county to establish a county law enforcement civilian complaint review board to assist the board of supervisors with the investigation of complaints concerning misconduct by members of county law enforcement towards members of the public in a complete, thorough and impartial manner.

NY S2832

Authorizes creation of local civilian review boards to review police operations and conduct; appropriates $600,000.

Similar Bills

No similar bills found.