Bill Text: NY A04687 | 2021-2022 | General Assembly | Amended

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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 2-0)

Status: (Introduced - Dead) 2022-06-01 - ordered to third reading rules cal.523 [A04687 Detail]

Download: New_York-2021-A04687-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4687--C

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced  by  M. of A. PEOPLES-STOKES, MEEKS -- read once and referred
          to the Committee on  Codes  --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to said committee -- recommitted to the Committee on Ways
          and Means in accordance with Assembly Rule 3, sec. 2 -- again reported
          from said committee with amendments, ordered reprinted as amended  and
          recommitted to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02723-06-2
        A. 4687--C                          2

     1  question as to whether the death, or serious physical injury pursuant to
     2  subdivision one-a of this section, was in fact caused by an act or omis-
     3  sion of such police officer or peace officer.
     4    1-a.  The  office  of  special  investigation shall establish a demon-
     5  stration project in certain counties related to incidents  described  in
     6  subdivision  one  of this section that result in serious physical injury
     7  of a person, that the attorney general determines such serious  physical
     8  injury reasonably could have resulted in death, or did result in paraly-
     9  sis,  comatose, brain damage, or any other life threatening grave bodily
    10  injury as determined by the attorney general. Such demonstration project
    11  shall be established for incidents  occurring  in  counties  not  wholly
    12  contained  within  a city with a population as of the most recent census
    13  under one million and over four hundred thousand. The provisions of this
    14  section shall apply to the demonstration  project  established  by  this
    15  subdivision  in  the same manner as incidents of death of a person under
    16  the jurisdiction of the attorney general as prescribed by this section.
    17    2. The attorney  general  has  investigative  authority  and  criminal
    18  jurisdiction  under  this  section  at the time of the death, or serious
    19  physical injury pursuant to subdivision one-a of this  section,  of  the
    20  person  and  the  attorney  general  retains investigative authority and
    21  criminal jurisdiction over the  incident  unless  the  attorney  general
    22  determines  that  such  incident  does not meet the requirements of this
    23  section. If the attorney general determines the incident does  not  meet
    24  the requirements for the attorney general to have investigative authori-
    25  ty  and  criminal  jurisdiction  pursuant  to this section, the attorney
    26  general shall, as soon as practicable, provide written  notice  of  such
    27  determination to the district attorney for the county in which the inci-
    28  dent occurred.
    29    § 2. This act shall take effect January 1, 2023.