New York 2025-2026 Regular Session

New York Senate Bill S03818

Introduced
1/30/25  
Refer
1/30/25  

Caption

Provides that any officer terminated who was dismissed for malfeasance or serious misconduct or resigned or retired during an investigation relating to such malfeasance or serious misconduct shall not be entitled to receive any retirement or other benefit or payment of any kind.

Summary

Bill S03818 seeks to amend the civil service law in New York by establishing that law enforcement officers who are terminated for malfeasance or serious misconduct, or who resign or retire while under investigation for such actions, will not be entitled to any retirement or other benefits. The bill defines malfeasance and serious misconduct, including actions such as felony convictions, fabrication of evidence, excessive use of force, bribery, and fraud. This legislation aims to hold law enforcement accountable for their actions and prevent benefits from being awarded to those who engage in misconduct.

Impact

If enacted, this bill would significantly alter the benefits structure for law enforcement officers in New York, particularly those who are found guilty of serious misconduct. It would create a clear legal framework that denies retirement benefits to officers dismissed for malfeasance or who leave their positions while under investigation. This change could lead to a reduction in the number of officers who engage in misconduct, as the financial repercussions would be more severe, thereby potentially improving public trust in law enforcement agencies.

Sentiment

The sentiment surrounding Bill S03818 appears to be mixed, with proponents arguing that it is a necessary step towards accountability in law enforcement, while opponents may express concerns about due process and the potential for unjustly penalizing officers who are later exonerated. The lack of voting history and committee discussion transcripts indicates that the bill's reception is still developing, and further debate is likely as it progresses through the legislative process.

Contention

Notable points of contention include the definitions of malfeasance and serious misconduct, as well as the implications for officers who resign or retire during investigations. Supporters of the bill argue that it is essential for accountability, while critics may argue that it could unfairly punish officers who have not been proven guilty of any wrongdoing. There may also be concerns regarding the potential chilling effect on whistleblowing or reporting misconduct if officers fear losing their benefits.

Companion Bills

NY A03408

Same As Provides that any officer terminated who was dismissed for malfeasance or serious misconduct or resigned or retired during an investigation relating to such malfeasance or serious misconduct shall not be entitled to receive any retirement or other benefit or payment of any kind.

Previously Filed As

NY S01920

Provides that any officer terminated who was dismissed for malfeasance or serious misconduct or resigned or retired during an investigation relating to such malfeasance or serious misconduct shall not be entitled to receive any retirement or other benefit or payment of any kind.

NY A03408

Provides that any officer terminated who was dismissed for malfeasance or serious misconduct or resigned or retired during an investigation relating to such malfeasance or serious misconduct shall not be entitled to receive any retirement or other benefit or payment of any kind.

NY S08514

Provides that no person shall be eligible for appointment as a police officer who was previously employed as a police officer and who: was dismissed for malfeasance or other serious misconduct calling into question such person's fitness to serve as a police officer; or resigned or retired from such officer's position while under investigation for such malfeasance or other serious misconduct; defines terms; makes related provisions.

NY A01648

Provides that no person shall be eligible for appointment as a police officer who was previously employed as a police officer and who: was dismissed for malfeasance or other serious misconduct calling into question such person's fitness to serve as a police officer; or resigned or retired from such officer's position while under investigation for such malfeasance or other serious misconduct; defines terms; makes related provisions.

NY A05132

Provides that no person shall be eligible for appointment as a police officer who was previously employed as a police officer and who: was dismissed for malfeasance or other serious misconduct calling into question such person's fitness to serve as a police officer; or resigned or retired from such officer's position while under investigation for such malfeasance or other serious misconduct; defines terms; makes related provisions.

NY SB479

Provides for legislative address to the governor for the removal of certain judges for malfeasance, gross misconduct, or incompetence committed while in office. (See Act)

NY S01671

Authorizes the commissioner of corrections and community supervision to discipline certain employees for acts of serious misconduct; defines serious misconduct; establishes procedures for such disciplinary action; prohibits employees who have been removed for serious misconduct from being placed on the eligible list after such removal.

NY HB2995

SCH-MISCONDUCT INVESTIGATION

NY H4294

Gross income

NY HB1054

Criminal Law - Ethics Violations, Malfeasance, Misfeasance, and Nonfeasance - Statute of Limitations

Similar Bills

No similar bills found.