Assembly Bill A4321

2015-2016 Legislative Session

Relates to granting the attorney general jurisdiction to investigate and prosecute police misconduct

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Archive: Last Bill Status - In Assembly 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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2015-A4321 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §63, Exec L
Versions Introduced in Other Legislative Sessions:
2017-2018: A1941
2019-2020: A1869
2021-2022: A5261
2023-2024: A7899

2015-A4321 (ACTIVE) - Summary

Relates to granting the attorney general jurisdiction to investigate and prosecute police misconduct.

2015-A4321 (ACTIVE) - Bill Text download pdf 

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

                                  4321

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT  to  amend the executive law, in relation to granting the attor-
  ney-general jurisdiction to investigate and prosecute  police  miscon-
  duct

  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 17 to read as follows:
  17.  INVESTIGATE  THE  ALLEGED  COMMISSION  OF ANY CRIMINAL OFFENSE OR
OFFENSES BY A POLICE OFFICER AS DEFINED IN SUBDIVISION SEVEN OF  SECTION
EIGHT  HUNDRED THIRTY-FIVE OF THIS CHAPTER, WHETHER OR NOT IN CONNECTION
WITH THE PERFORMANCE OF HIS OR HER OFFICIAL DUTIES,  AND  PROSECUTE  ANY
SUCH  PERSON OR PERSONS BELIEVED TO HAVE COMMITTED SUCH CRIMINAL OFFENSE
OR OFFENSES. 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  THEREOF  AND  EXERCISE  ALL  OF  THE POWERS AND PERFORM ALL OF THE
DUTIES WITH RESPECT TO SUCH ACTIONS  OR  PROCEEDINGS  WHICH  A  DISTRICT
ATTORNEY  WOULD  OTHERWISE  BE  AUTHORIZED  OR  REQUIRED  TO EXERCISE OR
PERFORM, PROVIDED HOWEVER THAT  THE  COURT  AND/OR  GRAND  JURY  NOT  BE
LOCATED  WITHIN THE COUNTY WHERE THE CRIMINAL OFFENSE IS ALLEGED TO HAVE
OCCURRED. IN ANY OF SUCH ACTIONS OR PROCEEDINGS, THE  DISTRICT  ATTORNEY
FOR  THE  COUNTY  WHERE THE CRIMINAL OFFENSE IS ALLEGED TO HAVE OCCURRED
AND THE DISTRICT ATTORNEY FOR THE COUNTY IN WHICH THE COURT  IS  LOCATED
SHALL  ONLY EXERCISE SUCH POWERS AND PERFORM SUCH DUTIES AS ARE REQUIRED
OF HIM OR HER BY THE ATTORNEY-GENERAL OR THE DEPUTY OR ASSISTANT  ATTOR-
NEY-GENERAL SO ATTENDING. IN ALL SUCH PROCEEDINGS, ALL EXPENSES INCURRED
BY  THE  ATTORNEY-GENERAL, INCLUDING THE SALARY OR OTHER COMPENSATION OF
ALL DEPUTIES AND ASSISTANTS EMPLOYED, SHALL  BE  A  CHARGE  AGAINST  THE
COUNTY WHERE THE MATTER WOULD OTHERWISE HAVE BEEN PROSECUTED.
  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.

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