Bill Text: NY A04878 | 2017-2018 | General Assembly | Introduced


Bill Title: Establishes the office of special investigation within the department of law to investigate and prosecute any alleged criminal offense or offenses committed by a police officer or peace officer, concerning the death of any person as a result of any encounter with such police officer or peace officer.

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Introduced - Dead) 2017-05-03 - enacting clause stricken [A04878 Detail]

Download: New_York-2017-A04878-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4878
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 3, 2017
                                       ___________
        Introduced  by  M. of A. PERRY, MOSLEY, GOTTFRIED, GANTT, COOK, PRETLOW,
          PEOPLES-STOKES, ROSENTHAL, CRESPO,  WEPRIN,  MOYA,  RODRIGUEZ,  QUART,
          KIM, PICHARDO, WALKER, BARRON, SEAWRIGHT, JOYNER, BLAKE -- Multi-Spon-
          sored  by  --  M. of A. CARROLL, DAVILA, ORTIZ, SIMON -- read once and
          referred to the Committee on Codes
        AN ACT to amend the executive law and the  criminal  procedure  law,  in
          relation to establishing the office of special investigation
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The executive law is amended by adding a new  section  70-b
     2  to read as follows:
     3    §  70-b.  Office  of special investigation.   1. There shall be estab-
     4  lished within the department of law an office of  special  investigation
     5  which  shall  have  the  power  to investigate and prosecute any alleged
     6  criminal offense or offenses committed by a police officer as defined in
     7  subdivision thirty-four of section 1.20 of the criminal  procedure  law,
     8  or  a  peace  officer  as defined in subdivision thirty-three of section
     9  1.20 of the criminal procedure law, concerning the death of  any  person
    10  that  resulted  from or potentially resulted from injuries that occurred
    11  or may have occurred as a result of any encounter with such police offi-
    12  cer or peace officer. The office shall conduct such an investigation and
    13  may conduct such a prosecution upon its written  finding  that  such  is
    14  appropriate  because:  (i)  there is a lack of alternative prosecutorial
    15  resources to adequately investigate and prosecute such criminal  offense
    16  or  offenses;  (ii)  such investigation and prosecution cannot be effec-
    17  tively conducted by the district attorney  of  the  county  wherein  the
    18  offense  or  a  portion thereof is alleged to have been committed; (iii)
    19  the district attorney has failed or refused to effectively conduct  such
    20  investigation and prosecution; or (iv) the exercise of such jurisdiction
    21  is  necessary  to  ensure  the  confidence of the public in the criminal
    22  justice system and judicial system. The office of special  investigation
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09602-02-7

        A. 4878                             2
     1  within  the  department  of  law  shall be headed by the deputy attorney
     2  general appointed by the attorney general pursuant to subdivision  three
     3  of this section.
     4    2. In all proceedings pursuant to subdivision one of this section, the
     5  deputy attorney general, appointed pursuant to subdivision three of this
     6  section, may appear in person or by any assistant attorney general he or
     7  she  may designate before any court or grand jury in the state and exer-
     8  cise all of the powers and perform all of the  duties  with  respect  to
     9  such  actions or proceedings which the district attorney would otherwise
    10  be authorized or required to exercise or perform.
    11    3. Notwithstanding any other provision of law,  the  attorney  general
    12  shall, without civil service examination, appoint and employ, fix his or
    13  her  compensation,  and at his or her pleasure remove, a deputy attorney
    14  general in charge of the office of special investigation.  The  attorney
    15  general  may, and without civil service examination, appoint and employ,
    16  and at pleasure remove, such assistant deputies, investigators and other
    17  persons as he or she deems necessary, determine  their  duties  and  fix
    18  their compensation.
    19    4.  (a) Where an investigation or prosecution of the type described in
    20  subdivision one of this section involves acts that appear to  have  been
    21  engaged in by a police officer or peace officer employed by the state of
    22  New  York, the attorney general shall promptly apply to a superior court
    23  in the county in which such acts allegedly occurred for the  appointment
    24  of  a  special assistant attorney general to investigate and potentially
    25  prosecute such matter. Notwithstanding the provisions of any other  law,
    26  such court shall thereupon appoint a qualified attorney at law having an
    27  office  in  or  residing  in  such  county  or  an adjoining county, not
    28  employed as a district attorney  or  assistant  district  attorney,  and
    29  having  no  personal  or professional conflicts of interest, to act as a
    30  special assistant attorney general with respect to  such  matter,  at  a
    31  reasonable and appropriate hourly rate to be set by such court.
    32    (b)  The  attorney general shall promptly notify the state comptroller
    33  and the court when such appointment has been made and accepted  by  such
    34  attorney.    Reasonable  fees  for attorneys and investigation and liti-
    35  gation expenses shall be paid by the state to such private counsel  from
    36  time  to  time  during  the pendency of the investigation and any prose-
    37  cution and appeal, upon the audit and warrant of  the  comptroller.  Any
    38  dispute  with  respect to the payment of such fees and expenses shall be
    39  resolved by the court upon motion or by way of a special proceeding.
    40    (c) The deputy attorney general appointed pursuant to this subdivision
    41  may appear in person or by any special assistant deputy attorney general
    42  he or she may designate before any court or grand jury in the state  and
    43  exercise all of the powers and perform all of the duties with respect to
    44  such  actions or proceedings which the district attorney would otherwise
    45  be authorized or required to exercise or perform.
    46    § 2. Subdivision 6 of section 190.25 of the criminal procedure law  is
    47  amended to read as follows:
    48    6.  (a)  The  legal  advisors  of the grand jury are the court and the
    49  district attorney, and the grand jury may  not  seek  or  receive  legal
    50  advice from any other source.  Where necessary or appropriate, the court
    51  or the district attorney, or both, must instruct the grand jury concern-
    52  ing the law with respect to its duties or any matter before it, and such
    53  instructions must be recorded in the minutes.
    54    (b)  Notwithstanding  paragraph  (a) of this subdivision, or any other
    55  law to the contrary, in any proceeding before a grand jury that involves
    56  the submission of a criminal charge  or  charges  against  a  person  or

        A. 4878                             3
     1  persons  for an act or acts that occurred at a time when such person was
     2  a police officer or peace officer, and that concern  the  death  of  any
     3  person  that  resulted  from  or potentially resulted from injuries that
     4  occurred  or  may  have  occurred as a result of any encounter with such
     5  police officer or peace officer, the court, after  consultation  on  the
     6  record  with  the district attorney, shall instruct the grand jury as to
     7  the criminal charge or charges to be submitted and the law applicable to
     8  such charges and to the matters before such grand jury.  Thereafter, any
     9  questions, requests for exhibits, requests for readback of testimony  or
    10  other requests from the grand jury or a member thereof shall be provided
    11  to  the  court,  and  addressed  by  the court after consultation on the
    12  record with the district attorney.
    13    (c)  Notwithstanding  the  provisions  of  subdivision  four  of  this
    14  section, or any other law to the contrary, following final action by the
    15  grand  jury on the charge or charges submitted pursuant to paragraph (b)
    16  of this subdivision, the court shall make such  legal  instructions  and
    17  charges submitted to such grand jury available to the public on request,
    18  provided  that  the  names  of  witnesses and any information that would
    19  identify such witnesses included in such legal instructions  or  charges
    20  shall be redacted when the court determines, in a written order released
    21  to  the  public, and issued after notice to the people and the requester
    22  and an opportunity to be heard and  reasonable  efforts  to  notify  and
    23  provide  an  opportunity  to be heard to any other appropriate person or
    24  agency, that there is a reasonable likelihood  that  public  release  of
    25  such information would endanger any individual.
    26    (d) Nothing in this paragraph or paragraphs (b) or (c), of this subdi-
    27  vision shall be interpreted as limiting or restricting any broader right
    28  of  access  to  grand  jury materials under any other law, common law or
    29  court precedent.
    30    § 3. This act shall take effect on the thirtieth day  after  it  shall
    31  have become a law.
feedback