Bill Text: NY S07958 | 2013-2014 | General Assembly | Introduced

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Bill Title: Directs the attorney general to conduct special investigations where an unarmed civilian is killed by a law enforcement officer.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2014-12-10 - REFERRED TO RULES [S07958 Detail]

Download: New_York-2013-S07958-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7958
                                   I N  S E N A T E
                                   December 10, 2014
                                      ___________
       Introduced   by   Sens.  STEWART-COUSINS,  GIANARIS,  KRUEGER,  SERRANO,
         HASSELL-THOMPSON, DILAN, ESPAILLAT, RIVERA, SANDERS -- read twice  and
         ordered  printed, and when printed to be committed to the Committee on
         Rules
       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    S  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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15968-02-4