New York 2025-2026 Regular Session

New York Assembly Bill A01047

Introduced
1/8/25  
Refer
1/8/25  

Caption

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.

Summary

Bill A01047 mandates that police officers in New York report any misconduct they witness, specifically instances of excessive force or other forms of misconduct. It requires the establishment of a standardized protocol by the Division of Criminal Justice for police agencies to follow when handling and recording these reports. This includes the creation of a detailed 'officer misconduct incident report form' that must be used in all cases of reported misconduct, regardless of whether an arrest is made. The bill also introduces penalties for officers who fail to report such misconduct, classifying it as a class D felony under the penal law.

Impact

The bill significantly alters the responsibilities of police officers by imposing a legal obligation to report misconduct, which could lead to increased accountability within police departments. It also establishes a framework for handling these reports, aiming to protect whistleblowers from retaliation. The introduction of criminal penalties for failing to report misconduct could deter officers from remaining silent about wrongdoing, potentially leading to a cultural shift within law enforcement agencies regarding accountability and transparency.

Sentiment

The sentiment surrounding Bill A01047 appears to be mixed, with supporters emphasizing the need for accountability and transparency in policing, particularly in light of recent high-profile cases of police misconduct. However, there are concerns from some law enforcement representatives about the implications of mandatory reporting and the potential for misuse of the reporting system, which could lead to unwarranted disciplinary actions against officers.

Contention

Notable points of contention include concerns from law enforcement organizations regarding the potential for the bill to create a hostile work environment for officers, as mandatory reporting could lead to increased scrutiny and pressure to report colleagues. Additionally, there are debates about the adequacy of protections against retaliation for those who report misconduct, with some arguing that the bill does not go far enough in safeguarding whistleblowers.

Companion Bills

NY S02404

Same As 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.

Previously Filed As

NY S00743

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.

NY S02404

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.

NY HB2923

REPORTING POLICE MISCONDUCT

NY S3033

Requires online portal to report law enforcement officer misconduct; establishes duty to report by law enforcement officers.

NY A1707

Requires online portal to report law enforcement officer misconduct; establishes duty to report by law enforcement officers.

NY A5007

Requires establishment of hotline for purpose of reporting certain acts of misconduct by public officials.

NY HB1593

Criminal procedures; authorizing peace officers to dispute reports of misconduct; codification; effective date.

NY HB1593

Criminal procedures; authorizing peace officers to dispute reports of misconduct; codification; effective date.

NY LD1784

An Act to Require Police Departments to Publish and Make Accessible Their Policies and Procedures and Require Training of Officers

NY S03095

Relates to establishing reporting duties of law enforcement agencies with respect to police misconduct allegations and outcomes; requires the division of criminal justice services to establish and maintain on its official website a public, searchable database of alleged infractions and police misconduct complaints.

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