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
S. 5053 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.