Bill Text: NY A07899 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to granting the attorney-general jurisdiction to investigate and prosecute police misconduct.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A07899 Detail]

Download: New_York-2023-A07899-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7899

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      July 19, 2023
                                       ___________

        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on Governmental Operations

        AN ACT to amend the executive law, in relation to  granting  the  attor-
          ney-general  jurisdiction  to investigate and prosecute police miscon-
          duct

          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 17 to read as follows:
     3    17. Investigate the alleged commission  of  any  criminal  offense  or
     4  offenses  by a police officer as defined in subdivision seven of section
     5  eight hundred thirty-five of this chapter, whether or not in  connection
     6  with  the  performance  of his or her official duties, and prosecute any
     7  such person or persons believed to have committed such criminal  offense
     8  or offenses. In all such proceedings, the attorney-general may appear in
     9  person,  or by his or her deputy or assistant, before any court or grand
    10  jury thereof and exercise all of the  powers  and  perform  all  of  the
    11  duties  with  respect  to  such  actions or proceedings which a district
    12  attorney would otherwise  be  authorized  or  required  to  exercise  or
    13  perform,  provided  however  that  the  court  and/or  grand jury not be
    14  located within the county where the criminal offense is alleged to  have
    15  occurred.  In  any of such actions or proceedings, the district attorney
    16  for the county where the criminal offense is alleged  to  have  occurred
    17  and  the  district attorney for the county in which the court is located
    18  shall only exercise such powers and perform such duties as are  required
    19  of  him or her by the attorney-general or the deputy or assistant attor-
    20  ney-general so attending. In all such proceedings, all expenses incurred
    21  by the attorney-general, including the salary or other  compensation  of
    22  all  deputies  and  assistants  employed,  shall be a charge against the
    23  county where the matter would otherwise have been prosecuted.
    24    § 2. This act shall take effect on the ninetieth day  after  it  shall
    25  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09786-01-3
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