N.Y. EXC Law § 214-J — New York Code / Act EXC / Article 11 / Section 214-J
Critical incident policy
Status: in_force

* § 214-j. Critical incident policy. 1. As used in this section, the\nfollowing terms shall have the following meanings:\n  (a) "Critical incident" shall mean the following actions when\nperformed by a member or experienced by a member in the course of\nofficial duties:  (i) an action that directly causes serious physical\ninjury or death to another person or member; (ii) a discharge of a\nfirearm by a member directed at another person; (iii) a traffic accident\nor incident involving a division vehicle, aircraft, or vessel that\nresults in serious physical injury or death; or (iv) any other incident\ndeemed appropriate by the superintendent or their designee.\n  (b) "Serious physical injury" shall mean an injury that, based on the\nfacts and circumstances reasonably known at the time of the incident,\nappears to involve a substantial risk of death or an obvious and severe\nimpairment of a major bodily function, such that a reasonable person\nwould conclude the injury is life-threatening or significantly\nlife-altering, without regard to later medical findings, prognosis, or\noutcome. The determination of a "serious physical injury" shall be made\nby the superintendent or their designee based on the observable\nconditions and available information at the time the supervisor arrives\nat the scene of the critical incident, and shall not be affected by\nsubsequent medical evaluation or recovery. "Serious physical injury"\nshall include, but not be limited to, suspected spinal cord injury or\nparalysis, severe penetrating head injury, massive blood loss, or loss\nof limb.\n  (c) "Directly involved" shall mean any member who was physically\npresent within the immediate proximity of a critical incident at the\ntime it occurred and whose direct exposure to the incident placed the\nmember within the immediate zone of operational engagement, regardless\nof whether the member discharged a weapon or otherwise used force.\n  (d) "Primary member" means any directly involved member who\njustifiably used deadly physical force during the critical incident, or\nwhose actions during the critical incident appear to be the most\nimmediate and substantial cause of death or serious physical injury to a\nperson.\n  2. The superintendent shall develop, maintain, and disseminate to all\nmembers of the division of state police a critical incident paid leave\npolicy that provides for paid critical incident leave in accordance with\nthis section.\n  3. Such critical incident paid leave policy shall guarantee: (a) paid\ncritical incident leave of at least twenty calendar days for any primary\nmember whose official actions were the direct and proximate cause of the\ndeath of another person; (b) paid critical incident leave of at least\nten calendar days for any other member directly involved in the critical\nincident; and (c) paid critical incident leave under such other\ncircumstances the superintendent or their designee determines\nappropriate. Such leave shall constitute a separate category of leave\nand shall not count against vacation, sick, or personal leave accruals.\nSuch leave, where appropriate, shall be designated as family and medical\nleave act and/or count against a member's workers' compensation leave\nentitlement.\n  4. Critical incident paid leave shall begin as soon as possible after\nthe critical incident, provided that initial supervisory inquiries of\nthe involved members shall occur before leave commences. Critical\nincident leave may only be delayed to ensure minimum necessary staffing\nlevels or protect community safety. Delays shall only be as long as\nnecessary to address such concerns. Upon agreement of the member and the\nsuperintendent or their designee, the member shall be allowed to return\nto duty prior to the completion of the period of critical incident\nleave.\n  5. In any case where critical incident paid leave has been made to a\nmember, and it is thereafter determined that a critical incident did not\noccur or that the member's actions that resulted in the serious physical\ninjury or death of another person were not justified, the superintendent\nor their designee may order the deduction of equivalent vacation or\npersonal leave days and/or the withholding of future paid leave to such\nmember, provided that the amount of days deducted and/or withheld shall\nnot be more than the critical incident paid leave days that were\noriginally provided.\n  6. The superintendent shall be prohibited from taking any punitive\nadministrative action against any member granted critical incident leave\nunder this section solely on the basis of the provision of such leave\nunless the leave was provided, at least in part, based upon the member's\nfraud, deceit, or misrepresentation.\n  7. The superintendent is authorized to promulgate rules and\nregulations to implement, administer, and enforce the provisions of this\nsection.\n  * NB Effective September 24, 2026\n