Bill Text: NY A02803 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 2803 (Prior Session Legislation)

Introduced

Bill Title: Grants the attorney general jurisdiction to investigate and prosecute police misconduct upon the request of the governor or the district attorney of the county wherein such misconduct was committed.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2014-05-08 - advanced to third reading cal.641 [A02803 Detail]

Download: New_York-2013-A02803-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2803
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 18, 2013
                                      ___________
       Introduced  by M. of A. WRIGHT, AUBRY, PERRY, KAVANAGH, KELLNER, STEVEN-
         SON -- Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN,  CLARK,  COOK,
         DINOWITZ,  FARRELL,  GANTT,  GLICK, GOTTFRIED, HOOPER, ORTIZ, PRETLOW,
         ROBINSON, SCARBOROUGH, SKARTADOS -- read  once  and  referred  to  the
         Committee on Codes
       AN  ACT to amend the executive law, in relation to granting the attorney
         general jurisdiction to investigate and prosecute police misconduct
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 63 of the executive law is amended by adding a new
    2  subdivision 16 to read as follows:
    3    16.  INVESTIGATE THE ALLEGED COMMISSION OF  ANY  CRIMINAL  OFFENSE  OR
    4  OFFENSES  COMMITTED  BY A POLICE OFFICER IN CONNECTION WITH THE PERFORM-
    5  ANCE OF HIS OR HER OFFICIAL DUTIES, AND PROSECUTE  ANY  SUCH  PERSON  OR
    6  PERSONS  BELIEVED TO HAVE COMMITTED SUCH CRIMINAL OFFENSE OR OFFENSES IN
    7  CONNECTION WITH THE PERFORMANCE OF HIS OR  HER  OFFICIAL  DUTIES.    THE
    8  ATTORNEY  GENERAL  MAY  ONLY  EXERCISE THE JURISDICTION PROVIDED BY THIS
    9  SUBDIVISION UPON A WRITTEN FINDING THAT SUCH JURISDICTION  IS  NECESSARY
   10  BECAUSE;  (A)  OF  A  LACK  OF  ALTERNATIVE  PROSECUTORIAL  RESOURCES TO
   11  ADEQUATELY INVESTIGATE AND PROSECUTE SUCH CRIMINAL OFFENSE  OR  OFFENSES
   12  OR,  (B)  THE  EXERCISE  OF SUCH JURISDICTION IS NECESSARY TO ENSURE THE
   13  CONFIDENCE  OF  THE  PUBLIC  IN  THE  JUDICIAL  SYSTEM.    IN  ALL  SUCH
   14  PROCEEDINGS,  THE ATTORNEY GENERAL MAY APPEAR IN PERSON OR BY HIS OR HER
   15  DEPUTY OR ASSISTANT BEFORE ANY COURT OR GRAND JURY AND EXERCISE  ALL  OF
   16  THE POWERS AND PERFORM ALL OF THE DUTIES WITH RESPECT TO SUCH ACTIONS OR
   17  PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR
   18  REQUIRED TO EXERCISE OR PERFORM.
   19    S  2.  This  act shall take effect on the ninetieth day after it shall
   20  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00656-01-3