Bill Text: NY A02151 | 2023-2024 | General Assembly | Amended
Bill Title: Authorizes the office of special investigation to inspect serious physical injuries that may have resulted in death, or did result in paralysis, comatose, brain damage, or any other life threatening grave bodily injury as determined by the attorney general.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-01-16 - amended on third reading 2151a [A02151 Detail]
Download: New_York-2023-A02151-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2151--A Cal. No. 63 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. PEOPLES-STOKES, MEEKS, FORREST, SEAWRIGHT -- read once and referred to the Committee on Codes -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the executive law, in relation to the office of special investigation inspecting serious physical injuries that may have resulted in death The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 2 of section 70-b of the executive law, 2 as added by chapter 95 of the laws of 2020, are amended and a new subdi- 3 vision 1-a is added to read as follows: 4 1. There shall be established within the office of the attorney gener- 5 al an office of special investigation. Notwithstanding any other 6 provision of law, the office of special investigation shall investigate 7 and, if warranted, prosecute any alleged criminal offense or offenses 8 committed by a person, whether or not formally on duty, who is a police 9 officer, as defined in subdivision thirty-four of section 1.20 of the 10 criminal procedure law, or a peace officer as defined in section 2.10 of 11 the criminal procedure law, provided that such peace officer is employed 12 or contracted by an education, public health, social service, parks, 13 housing or corrections agency, or is a peace officer as defined in 14 subdivision twenty-five of section 2.10 of the criminal procedure law, 15 concerning any incident in which the death, or serious physical injury 16 pursuant to subdivision one-a of this section, of a person, whether in 17 custody or not, is caused by an act or omission of such police officer 18 or peace officer or in which the attorney general determines there is a 19 question as to whether the death, or serious physical injury pursuant to 20 subdivision one-a of this section, was in fact caused by an act or omis- 21 sion of such police officer or peace officer. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01594-02-4A. 2151--A 2 1 1-a. The office of special investigation shall establish a demon- 2 stration project in certain counties related to incidents described in 3 subdivision one of this section that result in serious physical injury 4 of a person, that the attorney general determines such serious physical 5 injury reasonably could have resulted in death, or did result in paraly- 6 sis, comatose, brain damage, or any other life threatening grave bodily 7 injury as determined by the attorney general. Such demonstration project 8 shall be established for incidents occurring in counties not wholly 9 contained within a city with a population as of the most recent census 10 under one million and over four hundred thousand. The provisions of this 11 section shall apply to the demonstration project established by this 12 subdivision in the same manner as incidents of death of a person under 13 the jurisdiction of the attorney general as prescribed by this section. 14 2. The attorney general has investigative authority and criminal 15 jurisdiction under this section at the time of the death, or serious 16 physical injury pursuant to subdivision one-a of this section, of the 17 person and the attorney general retains investigative authority and 18 criminal jurisdiction over the incident unless the attorney general 19 determines that such incident does not meet the requirements of this 20 section. If the attorney general determines the incident does not meet 21 the requirements for the attorney general to have investigative authori- 22 ty and criminal jurisdiction pursuant to this section, the attorney 23 general shall, as soon as practicable, provide written notice of such 24 determination to the district attorney for the county in which the inci- 25 dent occurred. 26 § 2. This act shall take effect January 1, 2025.
