Bill Text: NY S03549 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 3549 (Prior Session Legislation)

Introduced

Bill Title: Provides for the creation of an office of special investigation within the department of law to conduct special investigations where an unarmed civilian is killed by a law enforcement officer.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S03549 Detail]

Download: New_York-2017-S03549-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          3549
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 24, 2017
                                       ___________
        Introduced by Sens. STEWART-COUSINS, COMRIE, GIANARIS, HOYLMAN, KRUEGER,
          PERKINS, SERRANO, SQUADRON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
        AN  ACT to amend the executive law, in relation to creating an office of
          special investigation within the department of law
          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 63-e
     2  to read as follows:
     3    § 63-e. Office of special investigation. There is  established  within
     4  the department of law an office of special investigation.  Notwithstand-
     5  ing  any  other  provision of this article, the office shall investigate
     6  any case in which the death of an unarmed civilian is caused by a police
     7  officer during the performance of his or her  duties.  Such  office  may
     8  also be petitioned to take over a case under extraordinary circumstances
     9  when  the above criteria are not extent. Proceedings of the office under
    10  this section shall be conducted  by  the  deputy  attorney  general  for
    11  special  investigation, who may appear in person or by his or her deputy
    12  or assistant before any court or grand jury  and  exercise  all  of  the
    13  powers  and  perform  all  of the duties with respect to such actions or
    14  proceedings which the district attorney would otherwise be authorized or
    15  required to exercise or perform.  Where an investigation required  under
    16  this  section  involves  the  state  police,  the attorney general shall
    17  appoint an independent special prosecutor to conduct such investigation.
    18    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02749-01-7