NY State Senate Bill 2009-S5053

Senate Bill S5053

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	reported and committed to rules
Jan 06, 2010	referred to finance
Apr 27, 2009	referred to finance

Votes

- Jun 15, 2010 - Finance Committee Vote
  S5053
  
  18
  
  Aye
  
  12
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jun 15, 2010
      
      aye (18)
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Klein
      
      Kruger
      
      Montgomery
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      nay (12)
      
      DeFrancisco
      
      Farley
      
      Hannon
      
      Johnson
      
      Krueger
      
      Larkin
      
      Leibell
      
      Marcellino
      
      Maziarz
      
      Nozzolio
      
      Saland
      
      Seward
      
      aye wr (3)
      
      LaValle
      
      Padavan
      
      Robach

co-Sponsors

2009-S5053 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §223, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3921
2013-2014: S2872

2009-S5053 (ACTIVE) - 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.

2009-S5053 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5053

 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 :  New bill.

 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.

2009-S5053 (ACTIVE) - Bill Text download pdf

                            
                    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.

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Senate Bill S5053

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Sponsored By

Malcolm Smith