Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 15, 2010 |
reported and committed to rules |
Jan 06, 2010 |
referred to finance |
Apr 27, 2009 |
referred to finance |
Senate Bill S5053
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D) Senate District
2009-S5053 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Executive Law
- Laws Affected:
- Amd §223, Exec L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S3921
2013-2014: S2872
2009-S5053 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5053 TITLE OF BILL : An act to amend the executive law, in relation to the duties of the state police when there is an offense by a police officer that results in serious physical injuries to another person PURPOSE : To authorize the Division of State Police to take control of any crime scene involving an offense by a police officer resulting in serious physical injury to another person and undertake a criminal investigation in cooperation with the Attorney General. SUMMARY OF PROVISIONS : Authorizes the Division of State Police, in instances where a police officer is involved in conduct resulting in serious physical injury to another person, to secure and freeze the scene of such a crime; prevent, investigate and detect violations of the criminal laws of the state by a police officer; and cooperate with the Attorney General in the investigation and criminal prosecution of any such offense by a police officer. EXISTING LAW : Under provisions of current law, the investigation and prosecution of state crimes by municipal police officers is undertaken by the local district attorney. JUSTIFICATION : The way that police misconduct and brutality complaints are investigated and prosecuted is in dire and overdue need of systemic change, if the confidence level that members of the
2009-S5053 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5053 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. SMITH -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to the duties of the state police when there is an offense by a police officer that results in serious physical injuries to another person THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 223 of the executive law is amended by adding three new subdivisions 3, 4 and 5 to read as follows: 3. IT SHALL BE THE DUTY OF THE SUPERINTENDENT OF THE STATE POLICE AND OF MEMBERS OF THE STATE POLICE TO SECURE AND FREEZE THE SCENE OF ANY CRIME INVOLVING AN OFFENSE BY A POLICE OFFICER RESULTING IN SERIOUS PHYSICAL INJURY, AS SUCH TERM IS DEFINED IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW, TO ANOTHER PERSON. FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISIONS FOUR AND FIVE OF THIS SECTION, THE TERM "POLICE OFFICER" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW. 4. IT SHALL BE THE DUTY OF THE SUPERINTENDENT OF THE STATE POLICE AND OF MEMBERS OF THE STATE POLICE TO PREVENT, INVESTIGATE AND DETECT VIOLATIONS OF THE CRIMINAL LAWS OF THIS STATE BY ANY POLICE OFFICER THAT WOULD OR DO RESULT IN SERIOUS PHYSICAL INJURY, AS SUCH TERM IS DEFINED IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW, TO ANOTHER PERSON. 5. IT SHALL BE THE DUTY OF THE SUPERINTENDENT OF THE STATE POLICE AND OF MEMBERS OF THE STATE POLICE TO COOPERATE WITH THE ATTORNEY GENERAL IN THE INVESTIGATION AND CRIMINAL PROSECUTION OF ANY OFFENSE BY A POLICE OFFICER RESULTING IN SERIOUS PHYSICAL INJURY, AS SUCH TERM IS DEFINED IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW, TO ANOTHER PERSON. S 2. The opening paragraph of section 223 of the executive law is renumbered subdivision 1 and three new subdivisions 2, 3 and 4 are added to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04480-01-9
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