Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to finance |
Jun 09, 2015 |
print number 5592a |
Jun 09, 2015 |
amend and recommit to finance |
May 15, 2015 |
referred to finance |
Senate Bill S5592A
2015-2016 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Finance 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
Bill Amendments
co-Sponsors
(D, WF) Senate District
2015-S5592 - Details
2015-S5592 - Summary
Establishes the office of special investigation within the department of law to investigate and prosecute any alleged criminal offense or offenses committed by a police officer or peace officer, concerning the death of any person as a result of any encounter with such police officer or peace officer.
2015-S5592 - Sponsor Memo
BILL NUMBER:S5592 TITLE OF BILL: An act to amend the executive law and the criminal procedure law, in relation to establishing the office of special investigation PURPOSE OR GENERAL IDEA OF BILL: The bill is designed to increase transparency and facilitate additional involvement of the court in grand jury proceedings. Additionally, in order to enhance public confidence in the integrity of proceedings in certain instances involving the use of deadly force by police and peace officers, the bill would authorize the designation or appointment of a special prosecutor to investigate and/or prosecute such cases. SUMMARY OF SPECIFIC PROVISIONS: Section one would establish an Office of Special Investigation within the New York State Department of Law (the formal name of the New York State office of the Attorney General). The Office of Special Investi- gation would, in certain circumstances, be empowered to investigate and prosecute alleged criminal offenses committed by a police or peace offi- cer that involved the use of deadly force against an individual who neither displayed nor threatened the immediate use of a deadly weapon or dangerous instrument.
2015-S5592 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5592 2015-2016 Regular Sessions I N S E N A T E May 15, 2015 ___________ Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law and the criminal procedure law, in relation to establishing the office of special investigation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 70-b to read as follows: S 70-B. OFFICE OF SPECIAL INVESTIGATION. 1. THERE SHALL BE ESTAB- LISHED WITHIN THE DEPARTMENT OF LAW AN OFFICE OF SPECIAL INVESTIGATION WHICH SHALL HAVE THE POWER TO INVESTIGATE AND PROSECUTE ANY ALLEGED CRIMINAL OFFENSE OR OFFENSES COMMITTED BY A POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, OR A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, CONCERNING ACTS THAT APPEAR TO HAVE INVOLVED THE USE OF DEADLY FORCE AGAINST A PERSON WHO NEITHER DISPLAYED NOR INTENTIONALLY THREATENED THE IMMINENT USE OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT. THE OFFICE SHALL CONDUCT SUCH AN INVESTIGATION AND MAY CONDUCT SUCH A PROSECUTION UPON ITS WRITTEN FINDING THAT SUCH IS APPROPRIATE BECAUSE: (I) THERE IS A LACK OF ALTERNATIVE PROSECUTORIAL RESOURCES TO ADEQUATELY INVESTIGATE AND PROSECUTE SUCH CRIMINAL OFFENSE OR OFFENSES; (II) SUCH INVESTIGATION AND PROSECUTION CANNOT BE EFFEC- TIVELY CONDUCTED BY THE DISTRICT ATTORNEY OF THE COUNTY WHEREIN THE OFFENSE OR A PORTION THEREOF IS ALLEGED TO HAVE BEEN COMMITTED; (III) THE DISTRICT ATTORNEY HAS FAILED OR REFUSED TO EFFECTIVELY CONDUCT SUCH INVESTIGATION AND PROSECUTION; OR (IV) THE EXERCISE OF SUCH JURISDICTION IS NECESSARY TO ENSURE THE CONFIDENCE OF THE PUBLIC IN THE CRIMINAL JUSTICE SYSTEM AND JUDICIAL SYSTEM. THE OFFICE OF SPECIAL INVESTIGATION WITHIN THE DEPARTMENT OF LAW SHALL BE HEADED BY THE DEPUTY ATTORNEY GENERAL APPOINTED BY THE ATTORNEY GENERAL PURSUANT TO SUBDIVISION THREE OF THIS SECTION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10165-01-5
co-Sponsors
(D, WF) Senate District
2015-S5592A (ACTIVE) - Details
2015-S5592A (ACTIVE) - Summary
Establishes the office of special investigation within the department of law to investigate and prosecute any alleged criminal offense or offenses committed by a police officer or peace officer, concerning the death of any person as a result of any encounter with such police officer or peace officer.
2015-S5592A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5592A TITLE OF BILL : An act to amend the executive law and the criminal procedure law, in relation to establishing the office of special investigation PURPOSE OR GENERAL IDEA OF BILL : The bill is designed to increase transparency and facilitate additional involvement of the court in grand jury proceedings. Additionally, in order to enhance public confidence in the integrity of proceedings in certain instances involving the use of deadly force by police and peace officers, the bill would authorize the designation or appointment of a special prosecutor to investigate and/or prosecute such cases. SUMMARY OF SPECIFIC PROVISIONS : Section one would establish an Office of Special Investigation within the New York State Department of Law (the formal name of the New York State office of the Attorney General). The Office of Special Investigation would, in certain circumstances, be empowered to investigate and prosecute alleged criminal offenses committed by a police or peace officer that involved the use of deadly force against an individual who neither displayed nor threatened the immediate use
2015-S5592A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5592--A 2015-2016 Regular Sessions I N S E N A T E May 15, 2015 ___________ Introduced by Sens. HASSELL-THOMPSON, PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law and the criminal procedure law, in relation to establishing the office of special investigation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 70-b to read as follows: S 70-B. OFFICE OF SPECIAL INVESTIGATION. 1. THERE SHALL BE ESTAB- LISHED WITHIN THE DEPARTMENT OF LAW AN OFFICE OF SPECIAL INVESTIGATION WHICH SHALL HAVE THE POWER TO INVESTIGATE AND PROSECUTE ANY ALLEGED CRIMINAL OFFENSE OR OFFENSES COMMITTED BY A POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, OR A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, CONCERNING THE DEATH OF ANY PERSON THAT RESULTED FROM OR POTENTIALLY RESULTED FROM INJURIES THAT OCCURRED OR MAY HAVE OCCURRED AS A RESULT OF ANY ENCOUNTER WITH SUCH POLICE OFFI- CER OR PEACE OFFICER. THE OFFICE SHALL CONDUCT SUCH AN INVESTIGATION AND MAY CONDUCT SUCH A PROSECUTION UPON ITS WRITTEN FINDING THAT SUCH IS APPROPRIATE BECAUSE: (I) THERE IS A LACK OF ALTERNATIVE PROSECUTORIAL RESOURCES TO ADEQUATELY INVESTIGATE AND PROSECUTE SUCH CRIMINAL OFFENSE OR OFFENSES; (II) SUCH INVESTIGATION AND PROSECUTION CANNOT BE EFFEC- TIVELY CONDUCTED BY THE DISTRICT ATTORNEY OF THE COUNTY WHEREIN THE OFFENSE OR A PORTION THEREOF IS ALLEGED TO HAVE BEEN COMMITTED; (III) THE DISTRICT ATTORNEY HAS FAILED OR REFUSED TO EFFECTIVELY CONDUCT SUCH INVESTIGATION AND PROSECUTION; OR (IV) THE EXERCISE OF SUCH JURISDICTION IS NECESSARY TO ENSURE THE CONFIDENCE OF THE PUBLIC IN THE CRIMINAL JUSTICE SYSTEM AND JUDICIAL SYSTEM. THE OFFICE OF SPECIAL INVESTIGATION WITHIN THE DEPARTMENT OF LAW SHALL BE HEADED BY THE DEPUTY ATTORNEY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10165-04-5
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