senate Bill S6534

Grants the attorney general jurisdiction to investigate and prosecute police misconduct

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Bill Status


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

  • 23 / Feb / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

Grants the attorney general jurisdiction to investigate and prosecute police misconduct upon the request of the governor or the district attorney of the county wherein such misconduct was committed.

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Bill Details

See Assembly Version of this Bill:
A4382
Versions:
S6534
Legislative Cycle:
2011-2012
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §63, Exec L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2059, A1486
2007-2008: A715

Sponsor Memo

BILL NUMBER:S6534

TITLE OF BILL:
An act to amend the executive law, in relation to granting the attorney
general jurisdiction to investigate and prosecute police misconduct

PURPOSE OR GENERAL IDEA OF BILL:
This legislation authorizes the attorney general to investigate and
prosecute the alleged commission of any criminal offense or offenses
committed by police officers in connection with the performance of their
regular duties under limited, specific circumstances.

SUMMARY OF SPECIFIC PROVISIONS:
Under the provisions of this legislation, the attorney general is given
the authority to investigate and prosecute alleged criminal offenses
committed by police officers in connection with the performance of their
official functions, however, this authority may be exercised only upon a
written finding by the attorney general that a lack of prosecutorial
resources hinders the effective investigation and prosecution of the
alleged offense or offenses or that the exercise of this authority by
the attorney general is necessary to ensure the public's confidence in
the judicial system.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
This amendment to the executive law increases the authority of the
attorney general to investigate and prosecute alleged criminal conduct
by police officers in certain limited cases.

JUSTIFICATION:
This legislation is necessary to ensure the effective prosecution of
alleged criminal conduct committed by police officers in instances where
the local prosecutor lacks adequate resources to prosecute or where
prosecution by the attorney general is necessary to safeguard the
public's confidence in the judicial system.

PRIOR LEGISLATIVE HISTORY:
2007: A.715
2005-06: A.2413

FISCAL IMPLICATIONS:
Limited additional costs readily absorbed by the Department of Law.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law.

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

                                  6534

                            I N  S E N A T E

                            February 23, 2012
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the executive law, in relation to granting the  attorney
  general jurisdiction to investigate and prosecute police misconduct

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 63 of the executive law is amended by adding a  new
subdivision 16 to read as follows:
  16.    INVESTIGATE  THE  ALLEGED COMMISSION OF ANY CRIMINAL OFFENSE OR
OFFENSES COMMITTED BY A POLICE OFFICER IN CONNECTION WITH  THE  PERFORM-
ANCE  OF  HIS  OR  HER OFFICIAL DUTIES, AND PROSECUTE ANY SUCH PERSON OR
PERSONS BELIEVED TO HAVE COMMITTED SUCH CRIMINAL OFFENSE OR OFFENSES  IN
CONNECTION  WITH  THE  PERFORMANCE  OF  HIS OR HER OFFICIAL DUTIES.  THE
ATTORNEY GENERAL MAY ONLY EXERCISE THE  JURISDICTION  PROVIDED  BY  THIS
SUBDIVISION  UPON  A WRITTEN FINDING THAT SUCH JURISDICTION IS NECESSARY
BECAUSE; (A)  OF  A  LACK  OF  ALTERNATIVE  PROSECUTORIAL  RESOURCES  TO
ADEQUATELY  INVESTIGATE  AND PROSECUTE SUCH CRIMINAL OFFENSE OR OFFENSES
OR, (B) THE EXERCISE OF SUCH JURISDICTION IS  NECESSARY  TO  ENSURE  THE
CONFIDENCE  OF  THE  PUBLIC  IN  THE  JUDICIAL  SYSTEM.    IN  ALL  SUCH
PROCEEDINGS, THE ATTORNEY GENERAL MAY APPEAR IN PERSON OR BY HIS OR  HER
DEPUTY  OR  ASSISTANT BEFORE ANY COURT OR GRAND JURY AND EXERCISE ALL OF
THE POWERS AND PERFORM ALL OF THE DUTIES WITH RESPECT TO SUCH ACTIONS OR
PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR
REQUIRED TO EXERCISE OR PERFORM.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05637-01-1

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