Directs the superintendent of state police develop a critical incident policy for members of the state police, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2681--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2025
                                ___________
 
 Introduced  by  Sens. COONEY, BAILEY, GALLIVAN, HARCKHAM, HINCHEY, JACK-
   SON, MARTINEZ, MAY, MAYER, ROLISON, C. RYAN, S. RYAN,  SCARCELLA-SPAN-
   TON, SKOUFIS -- read twice and ordered printed, and when printed to be
   committed  to  the  Committee on Finance -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to the development  of  a
   critical incident policy for members of the division of state police
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The executive law is amended by adding a new section 214-j
 to read as follows:
   § 214-J. CRITICAL INCIDENT POLICY. 1. THE SUPERINTENDENT SHALL  DEVEL-
 OP,  MAINTAIN  AND  DISSEMINATE  TO ALL MEMBERS OF THE DIVISION OF STATE
 POLICE A CRITICAL INCIDENT LEAVE POLICY REQUIRING CRITICAL INCIDENT PAID
 LEAVE FOR ANY MEMBERS OF THE DIVISION OF STATE POLICE DIRECTLY  INVOLVED
 IN A CRITICAL INCIDENT.
   2.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) THE TERM "CRITICAL INCIDENT" SHALL MEAN  ANY  ACTION  TAKEN  BY  A
 MEMBER OF THE DIVISION OF STATE POLICE DURING THE COURSE OF THE PERFORM-
 ANCE  OF  THEIR OFFICIAL DUTIES RESULTING IN THE SERIOUS PHYSICAL INJURY
 OR DEATH OF ANOTHER PERSON WHERE THE USE OF FORCE WAS JUSTIFIED; AND
   (B) THE TERM "CRITICAL INCIDENT PAID LEAVE" SHALL MEAN PAID  LEAVE  OF
 AT  LEAST  TWENTY  CALENDAR DAYS FOR ANY MEMBER OF THE DIVISION OF STATE
 POLICE WHOSE OFFICIAL ACTIONS WERE THE DIRECT AND PROXIMATE CAUSE OF THE
 SERIOUS PHYSICAL INJURY OR DEATH OF ANOTHER PERSON, AND  PAID  LEAVE  OF
 FIFTEEN  CALENDAR  DAYS  FOR  ANY MEMBER OF THE DIVISION OF STATE POLICE
 WHO, ALTHOUGH DIRECTLY INVOLVED IN A  CRITICAL  INCIDENT,  WAS  NOT  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06346-05-5
 S. 2681--B                          2
 
 DIRECT  AND  PROXIMATE  CAUSE OF THE SERIOUS PHYSICAL INJURY OR DEATH OF
 ANOTHER PERSON.
   3.  CRITICAL INCIDENT PAID LEAVE SHALL BEGIN AS SOON AS POSSIBLE AFTER
 THE CRITICAL INCIDENT, PROVIDED HOWEVER,  THAT  THE  SUPERINTENDENT  MAY
 DELAY  SUCH  LEAVE  FOR MEMBERS WHO WERE DIRECTLY INVOLVED IN A CRITICAL
 INCIDENT BUT WERE NOT THE DIRECT AND  PROXIMATE  CAUSE  OF  THE  SERIOUS
 INJURY  OR  DEATH. CRITICAL INCIDENT LEAVE MAY ONLY BE DELAYED TO ENSURE
 MINIMUM NECESSARY STAFFING LEVELS OR PROTECT  COMMUNITY  SAFETY.  DELAYS
 MAY ONLY BE AS LONG AS NECESSARY TO ADDRESS SUCH CONCERNS.
   4.  IN  ANY CASE WHERE CRITICAL INCIDENT PAID LEAVE HAS BEEN MADE TO A
 MEMBER OF THE DIVISION OF THE STATE POLICE, AND IT IS THEREAFTER  DETER-
 MINED  THAT  A  CRITICAL  INCIDENT DID NOT OCCUR, THE SUPERINTENDENT MAY
 ORDER THE WITHHOLDING OF FUTURE PAID LEAVE TO SUCH MEMBER, PROVIDED THAT
 THE AMOUNT OF DAYS WITHHELD SHALL NOT BE MORE THAN THE CRITICAL INCIDENT
 PAID LEAVE DAYS THAT WERE ORIGINALLY PROVIDED.
   5. THE SUPERINTENDENT SHALL BE PROHIBITED  FROM  TAKING  ANY  PUNITIVE
 ADMINISTRATIVE ACTION AGAINST ANY MEMBER OF THE DIVISION OF STATE POLICE
 GRANTED  CRITICAL  INCIDENT LEAVE UNDER THIS SECTION SOLELY ON THE BASIS
 OF THE PROVISION OF SUCH LEAVE.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.