] is old law to be omitted. LBD00508-01-3S. 2818 2 1 b. A hearing pursuant to subdivision 3 of section 75 of the civil 2 service law wherein the charges of incompetency or misconduct are due to 3 the death or serious physical injury to a person as defined in section 4 10.00 of the penal law shall be expedited. The hearing officer shall 5 establish a hearing schedule to ensure that this expedited hearing is 6 completed within the required timeframes. 7 c. If, after the hearing of the charges of incompetency or misconduct, 8 it is determined that the officer was found to not have acted incompe- 9 tently or committed an act of misconduct, such officer shall be restored 10 to his or her position with full pay for the period of suspension less 11 the amount of any unemployment insurance benefits he or she may have 12 received during such period. 13 § 2. Subdivision 3-a of section 75 of the civil service law, as added 14 by chapter 753 of the laws of 1990, is amended to read as follows: 15 3-a. Suspension pending determination of charges and penalties relat- 16 ing to police officers of the police department of the city of New York. 17 Pending the hearing and determination of charges of incompetency or 18 misconduct, a police officer employed by the police department of the 19 city of New York may be suspended without pay for a period not exceeding 20 thirty days; provided however, that such officer who is subject to such 21 hearing wherein such charges of incompetency or misconduct are brought 22 about as a result of the death or serious physical injury to a person as 23 defined in section 10.00 of the penal law may be suspended without pay 24 for an indefinite period pending the determination of a charge of incom- 25 petency or misconduct. 26 a. As used in this section, "indefinite period" means a period of 27 ninety days, provided that if a determination of the charge of incompe- 28 tency or misconduct from the hearing has not been made during the ninety 29 day period, such period may be extended for an additional thirty days. 30 b. A hearing pursuant to this subdivision wherein the charges of 31 incompetency or misconduct are due to the death or serious physical 32 injury to a person as defined in section 10.00 of the penal law shall be 33 expedited. The hearing officer shall establish a hearing schedule to 34 ensure that this expedited hearing is completed within the required 35 timeframes. 36 c. If, after the hearing of the charges of incompetency or misconduct, 37 it is determined that the officer was found to not have acted incompe- 38 tently or committed an act of misconduct, such officer shall be restored 39 to his or her position with full pay for the period of suspension less 40 the amount of any unemployment insurance benefits he or she may have 41 received during such period. If such officer is found guilty of the 42 charges, the police commissioner of such department may punish the 43 police officer pursuant to the provisions of sections 14-115 and 14-123 44 of the administrative code of the city of New York. 45 § 3. If any item, clause, sentence, subparagraph, subdivision, section 46 or other part of this act, or the application thereof to any person or 47 circumstances shall be held to be invalid, such holding shall not 48 affect, impair or invalidate the remainder of this act, or the applica- 49 tion of such section or part of a section held invalid, to any other 50 person or circumstances, but shall be confined in its operation to the 51 item, clause, sentence, subparagraph, subdivision, section or other part 52 of this act directly involved in such holding, or to the person and 53 circumstances therein involved. 54 § 4. This act shall take effect immediately and shall apply to cases 55 pending or arising on or after such effective date.