senate Bill S3921

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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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Mar / 2011
    • REFERRED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO FINANCE

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.

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Bill Details

Versions:
S3921
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd ยง223, Exec L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S5053
2007-2008: S8411

Sponsor Memo

BILL NUMBER:S3921

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 public
particularly minority populations across the state--have in their
local police departments is to improve. A corollary to the
independent prosecution of any serious criminal offense committed by
police officer is that the investigation of the underlying crime need
be undertaken by a law enforcement agency at arm's length from the
accused officer's local department.

The inherent conflict that is present in a local prosecuting agency's
investigation and prosecution of a serious criminal offense alleged
to have been committed by a municipal police officer, namely that the
symbiotic relationship that unmistakably exists between local
district attorney offices and their affiliated municipal police
agencies interferes and compromises the objective management and
conduct of criminal proceedings against a police officer, cries out
for the reform of current procedures and processes currently employed
in the state to prosecute crimes committed by police
officers--particularly offenses against civilians involving physical
injury.
Improving the relations between local police departments and community
residents demands no less.


LEGISLATIVE HISTORY:
S.5053 of 2010: Reported and Committed to Rules

FISCAL IMPLICATIONS:

To be determined.

LOCAL FISCAL IMPLICATIONS:
The financial burden of local prosecution
of police brutality cases would be relieved of municipalities and
borne, instead, by the state.

EFFECTIVE DATE:
Immediately, with provisions.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3921

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 9, 2011
                               ___________

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
designated 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.
                                                           LBD10042-01-1

S. 3921                             2

  2.  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 THREE AND FOUR 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.
  3. 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.
  4.  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  3. This act shall take effect immediately, provided that the amend-
ments to section 223 of the executive law made by section  one  of  this
act  shall  be  subject  to the expiration and reversion of such section
pursuant to section 3 of chapter 428 of the laws of  1999,  as  amended,
when upon such date the provisions of section two of this act shall take
effect.

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