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