Bill Text: NY S07320 | 2015-2016 | General Assembly | Introduced

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Bill Title: Establishes a special prosecutor to investigate and prosecute matters involving the death of an unarmed civilian caused by a law enforcement officer.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2016-04-15 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S07320 Detail]

Download: New_York-2015-S07320-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7320
                    IN SENATE
                                     April 15, 2016
                                       ___________
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
        AN ACT in relation to appointing a special prosecutor to investigate and
          prosecute matters involving the death of an unarmed civilian caused by
          a law enforcement officer
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. 1. The governor, by and with the advice and consent of the
     2  senate, shall within 30 days of the effective date of this act appoint a
     3  special prosecutor to investigate and prosecute any death of an  unarmed
     4  civilian  caused  by  a  police officer, as defined in subdivision 34 of
     5  section 1.20 of the criminal procedure law. The special prosecutor shall
     6  serve for a term of 3 years unless removed by the governor, after notice
     7  and an opportunity for a hearing, and then only for one or more  of  the
     8  following reasons: permanent disability which renders the special prose-
     9  cutor  incapable  of  performing  the duties of his or her office; gross
    10  inefficiency, typified by a lack of ability to properly conduct investi-
    11  gations and prosecutions; neglect of duty; malfeasance; conviction of  a
    12  felony; or conduct involving moral turpitude.
    13    2.  Such special prosecutor shall receive an annual salary to be fixed
    14  by law from within  the  amounts  appropriated  therefor.  Such  special
    15  prosecutor  shall  possess  all  of  the powers of an assistant attorney
    16  general otherwise authorized by this act  provided,  however  that  such
    17  special  prosecutor  shall devote his or her full time and effort exclu-
    18  sively to investigations and prosecutions of any  death  of  an  unarmed
    19  civilian caused by a police officer.
    20    3.  The special prosecutor may appoint such other deputies, directors,
    21  assistants, and other employees to serve  at  the  special  prosecutor's
    22  pleasure  and  discretion as may be needed for the performance of duties
    23  and may prescribe their powers and fix  their  compensation  within  the
    24  amounts appropriated therefor.
    25    4.  The special prosecutor shall have the following special functions,
    26  powers and duties:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13678-01-6