S T A T E O F N E W Y O R K ________________________________________________________________________ 4981 2015-2016 Regular Sessions I N S E N A T E April 27, 2015 ___________ Introduced by Sen. ORTT -- (at request of the Justice Center for the Protection of People with Special Needs) -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities AN ACT to amend the executive law, in relation to jurisdiction of the justice center's special prosecutor and inspector general THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraphs (a) and (c) of subdivision 2 of section 552 of 2 the executive law, as added by section 3 of part A of chapter 501 of the 3 laws of 2012, are amended to read as follows: 4 (a) The justice center also shall employ a special prosecutor and 5 inspector general for the protection of people with special needs 6 ("special prosecutor"), who shall be appointed by the governor. Other 7 state agencies shall be required to make facilities available for office 8 space throughout the state and to assist when requested with respect to 9 the duties of the office. Pursuant to the provisions of this section, 10 such special prosecutor shall have the duty and power: (i) to investi- 11 gate and prosecute, IN ANY STATE COURT IN NEW YORK HAVING APPROPRIATE 12 JURISDICTION, offenses involving abuse or neglect, as defined in subdi- 13 vision eleven of section four hundred eighty-eight of the social 14 services law, committed against vulnerable persons by custodians as 15 defined in subdivision two of section four hundred eighty-eight of the 16 social services law; and (ii) to cooperate with and assist district 17 attorneys and other local law enforcement officials in their efforts 18 against such abuse or neglect of vulnerable persons. Provided that 19 nothing herein shall interfere with the ability of district attorneys at 20 any time to receive complaints, investigate and prosecute any suspected 21 abuse or neglect or for any persons, whether a mandated reporter or not, 22 to report a complaint to a district attorney or other appropriate law 23 enforcement official. The special prosecutor may request and shall EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09612-01-5 S. 4981 2 1 receive, from any agency, department, division, board, bureau or commis- 2 sion of the state, or any political subdivision thereof, cooperation and 3 assistance in the performance of his or her duties, and may provide 4 technical and other assistance to any district attorney or law enforce- 5 ment official requesting assistance in the investigation or prosecution 6 of abuse or neglect of vulnerable persons. 7 (c) The special prosecutor or one of his or her assistants may APPEAR 8 IN ANY STATE COURT IN NEW YORK HAVING APPROPRIATE JURISDICTION AND, 9 after consultation with the district attorney as to the time and place 10 of such attendance or appearance, attend in person any term of the coun- 11 ty court or supreme court having appropriate jurisdiction, including an 12 extraordinary special or trial term of the supreme court when one is 13 appointed pursuant to section one hundred forty-nine of the judiciary 14 law, or appear before the grand jury thereof, for the purpose of manag- 15 ing and conducting in such court or before such jury a criminal action 16 or proceeding concerned with an offense where any conduct constituting 17 or requisite to the completion of or in any other manner related to such 18 offense involved the abuse or neglect of a vulnerable person, as defined 19 in subdivision eleven of section four hundred eighty-eight of the social 20 services law. In such case, such special prosecutor or his or her 21 assistant so attending may exercise all the powers and perform all the 22 duties in respect of such actions or proceedings which the district 23 attorney would otherwise be authorized or required to exercise or 24 perform. 25 S 2. This act shall take effect immediately, and shall be deemed to 26 have been in full force and effect on and after June 30, 2013.