Senate Bill S5053

2009-2010 Legislative Session

Relates 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

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Sponsored By

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

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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) - Summary

Relates 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.

2009-S5053 (ACTIVE) - Sponsor Memo

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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