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