2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
        Introduced by Sens. RIVERA, COMRIE, KAVANAGH, SEPULVEDA, SERRANO -- read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Investigations and Government Operations
        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 17 to read as follows:
     3    17.    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    § 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.