NY State Assembly Bill 2009-A8919

Assembly Bill A8919

2009-2010 Legislative Session

Creates the temporary state commission on the use of excessive force by law enforcement; appropriation

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Jun 16, 2009	referred to codes

2009-A8919 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: County Law
Laws Affected:: Add §702-b, County L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4309
2013-2014: A2418
2015-2016: A6572
2017-2018: A6289
2019-2020: A6443

2009-A8919 (ACTIVE) - Summary

Creates an eleven member temporary state commission entitled "the commission on the use of excessive force by law enforcement" to examine and assess police brutality in the state of NY and to make recommendations relative to the alleviation thereof; provides for the repeal of such provisions upon the expiration thereof; appropriates $100,000 therefor; provides for the appointment of a special prosecutor to investigate and prosecute police misconduct and brutality.

2009-A8919 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8919

TITLE  OF  BILL:    An  act  to create a temporary state commission to
examine and assess the use of excessive force by  law  enforcement  in
the  state  of  New  York,  to  make  recommendations  relative to the
alleviation thereof; to amend the county law, in relation to providing
for the  appointment  of  a  special  prosecutor  to  investigate  and
prosecute  charges  of  police  misconduct and brutality and making an
appropriation therefor

PURPOSE:
To establish a temporary state commission to examine incidents of  the
use of excessive force by police in New York State, which will propose
corrective   measures,  and  to  provide  an  appropriation  for  such
commission.  Provides  for  the  appointment  of  a   special   county
prosecutor for police brutality or misconduct.

SUMMARY OF PROVISIONS:
The  commission  shall consist of eleven members-three to be appointed
by the governor; two each to be appointed by the majority  leader  and
minority  leader  of  the  Senate; and two each to be appointed by the
speaker and the minority leader of the Assembly. The  commission  will
report  its findings to the Governor and the Legislature no later than
two years after the effective date.

JUSTIFICATION:

In New York State, as well as the rest of the nation,  the  number  of
reported  cases  of  police  brutality  has  increased.  This act will
establish  a  commission  that  will  examine  these  cases  and  make
recommendations to alleviate causes of this abuse in New York.

The  number of police misconduct claims filed with the New York City's
comptroller's office has been increasing since the late  19805.  There
were  977  complaints  in  1987, and more than 2,000 in 1996. Although
some of the allegations could potentially be false or exaggerated, the
sharp increase in complaints is a reason for concern, especially since
it is likely that many incidents of police misconduct go unreported.

Two disturbing examples of  the  excessive  use  of  force  by  police
involve  Anthony Baez and Abner Louima. Anthony Baez, a 29 year old of
Puerto Rican descent, died of injuries sustained during his arrest  in
December  1994.  Witness  accounts indicate that the chokehold used on
Baez was unprovoked and unnecessary. Francis Livoti was  sentenced  in
federal  court  to  seven  years in prison for Baez's death. Like many
cases of excessive force, the  officers  involved  had  a  history  of
excessive  force  accusations.  Livoti  had  14 civilian complaints of
brutality in his file and was convicted in state court for  beating  a
teenager in 1993 for driving a go-cart on a sidewalk.

Four officers were charged with civil rights violations in the federal
case   of   Abner  Louima,  a  Haitian  immigrant.  According  to  the
indictment, the assault on Louima involved  the  officers  "shoving  a
wooden stick into his rectum and mouth while his hands were handcuffed
behind his back."  Louima suffered a torn bladder and intestine, which
required  several surgeries to repair the damages. Two of the officers
were also charged with civil rights violations for  falsely  arresting


eyewitnesses and with obstruction of justice for allegedly threatening
Louima to keep him from talking about the assault.

In its 1996 "Police Brutality and Excessive Force in the New York City
Police Department," Amnesty International reports that the information
it collected suggests that police brutality and unnecessary force is a
widespread   problem  in  New  York  City.  The  paper  recommends  an
independent inquiry into allegations of police brutality and excessive
force by the NYPD to examine the concerns raised by this report.

Although the  Civilian  Complaint  Review  Board  (CCRB)  investigates
complaints  against  the  New  York  City  police,  it  has faced many
problems since its establishment in 1993. The CCRB  substantiates  few
complaints  and  when  it  does  the  police  commissioner  has  often
dismissed them. In addition, last year  the  board  acknowledged  that
more  than  100 cases of police misconduct were substantiated but were
never forwarded to the police department.

LEGISLATIVE HISTORY:
New bill

FISCAL IMPLICATIONS:
Includes an appropriation of $100,000.

EFFECTIVE DATE:
On the one hundred and twentieth day after it shall have become a law.

2009-A8919 (ACTIVE) - Bill Text download pdf

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

                                  8919

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2009
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Codes

AN  ACT to create a temporary state commission to examine and assess the
  use of excessive force by law enforcement in the state of New York, to
  make recommendations relative to the alleviation thereof; to amend the
  county law, in relation to providing for the appointment of a  special
  prosecutor  to  investigate and prosecute charges of police misconduct
  and brutality and making an appropriation therefor

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

  Section  1.  In New York state, as well as the rest of the nation, the
number of reported cases of the use of excessive force by  law  enforce-
ment  has  increased.  The number of police misconduct claims filed with
the New York city comptroller's office has  been  increasing  since  the
late  1980s  from  977  complaints  in  1987 to more than 2,000 in 1996.
Although some of the allegations may be false or exaggerated, the  sharp
increase  in  complaints  is  reason for concern, especially since it is
likely that much law enforcement misconduct goes unreported.
  Many examples of excessive use of force  by  law  enforcement  can  be
cited.    Two disturbing examples involve the notorious cases of Anthony
Baez and Abner Louima. Anthony  Baez,  a  29-year-old  of  Puerto  Rican
descent,  died of injuries sustained during his arrest in December 1994.
Witness accounts indicate that the choke-hold used on  Baez  was  unpro-
voked  and  unnecessary.  Police officer Francis Livoti was sentenced in
federal court to seven years in prison for Baez's death. Officer  Livoti
had 14 civilian complaints of brutality in his file and was convicted in
state  court  for  beating a teenager in 1993 for driving a go-cart on a
sidewalk.
  Four officers were charged with civil rights violations in the federal
case of Abner Louima, a Haitian immigrant. According to the  indictment,
the assault on Louima involved the officers "shoving a wooden stick into

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04444-01-9

A. 8919                             2

his  rectum  and mouth while his hands were handcuffed behind his back."
Louima suffered a  torn  bladder  and  intestine  and  required  several
surgeries  to  repair  the damage. Two of the officers were also charged
with  civil  rights  violations for falsely arresting eyewitness Patrick
Antoine, who saw Louima being  taken  into  custody.  In  addition,  the
indictment also charges an officer with beating Antoine outside the club
and with obstruction of justice for allegedly threatening Louima to keep
him from talking about the assault.
  In  its  1996  paper, "Police Brutality and Excessive Force in the New
York City Police Department," Amnesty  International  reports  that  the
information  it collected suggests that police brutality and unnecessary
force are widespread problems in New York city. The paper recommends  an
independent  inquiry  into  allegations of the use of excessive force by
the New York City Police Department to examine the  concerns  raised  in
this report.
  Although  the  Civilian Complaint Review Board investigates complaints
against the New York city police, it has had problems since  its  estab-
lishment  in 1993. The Civilian Complaint Review Board substantiates few
complaints, and when it has done so, the police commissioner  has  often
dismissed  them.  In  addition the board recently acknowledged that more
than 100 cases of police misconduct were substantiated  but  were  never
forwarded to the police department.
  S  2. a. A temporary state commission is hereby created to be known as
"the commission on the use of excessive force by law  enforcement".  The
commission  shall  consist of eleven members to be appointed as follows:
three members shall be appointed by the governor; two members  shall  be
appointed by the temporary president of the senate; two members shall be
appointed  by  the  minority  leader of the senate; two members shall be
appointed by the speaker of the  assembly;  and  two  members  shall  be
appointed  by  the  minority  leader  of  the assembly. Any vacancy that
occurs in the commission shall be filled in the same manner in which the
original appointment was made. The  commission  shall  select  from  its
membership a chair and a vice-chair.
  b. No member, officer or employee of the commission shall be disquali-
fied from holding any other public office or employment, nor shall he or
she  forfeit  any  such  office  or  employment  by reason of his or her
appointment under this section, notwithstanding the  provisions  of  any
general, special or local law, ordinance or city charter.
  S  3.  The commission may employ and at pleasure remove such personnel
as it may deem necessary for the performance of its  functions  and  fix
their compensation within the amounts made available therefor.
  S  4. The commission may meet within and without the state, shall hold
public hearings, and shall have all the powers of a legislative  commit-
tee pursuant to the legislative law.
  S  5.  The members of the commission shall receive no compensation for
their services but shall be allowed their actual and necessary  expenses
incurred in the performance of their duties pursuant to this act.
  S  6. To the maximum extent feasible, the commission shall be entitled
to request and receive and shall  utilize  and  be  provided  with  such
facilities,  resources  and  data  of  any  court, department, division,
board, bureau, commission or agency of the state or any political subdi-
vision thereof as it may reasonably request to carry  out  properly  its
powers and duties pursuant to this act.
  S  7.  The  commission  shall  undertake  a comprehensive study of the
existence of the use of excessive force by  law  enforcement  throughout
the  state  of  New  York  and  make recommendations with respect to the

A. 8919                             3

eradication of such actions, such recommendations shall include but  not
be  limited  to training, funding, recruiting requirements and any other
relevant data necessary to the elimination of police brutality.
  S 8. The commission shall make a report to the governor and the legis-
lature  of  its  findings, conclusions and recommendations no later than
two years after the effective date of this act and shall submit with its
report such legislative proposals as it deems necessary to implement its
recommendations.
  S 9. The commission shall continue in  existence  for  two  years,  at
which time it shall be deemed to be repealed.
  S  10.  The sum of one hundred thousand dollars ($100,000), or so much
thereof as may be necessary, is hereby appropriated to pay the  expenses
including  personal service, in carrying out the provisions of this act.
Such moneys shall be payable out of the state treasury  after  audit  by
and  on  the  warrant  of  the  comptroller  upon  vouchers certified or
approved by the chair or vice-chair of the temporary state commission on
the use of excessive force by law enforcement as prescribed by law.
  S 11. The county law is amended by adding a new section 702-b to  read
as follows:
  S 702-B. SPECIAL COUNTY PROSECUTOR FOR POLICE BRUTALITY OR MISCONDUCT.
1.  WHENEVER  THE  DISTRICT  ATTORNEY  OF ANY COUNTY RECEIVES A CRIMINAL
COMPLAINT, A CIVILIAN COMPLAINT OR AN ACCUSATORY INSTRUMENT ON A  POLICE
OFFICER,  AS  DEFINED  IN  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, A
SUPERIOR OR CRIMINAL COURT IN THE COUNTY WHEREIN THE ACTION  MAY  BECOME
TRIABLE  SHALL  HAVE  THE  AUTHORITY  TO APPOINT A SPECIAL PROSECUTOR TO
INVESTIGATE AND WHERE APPROPRIATE PROSECUTE CHARGES OF POLICE MISCONDUCT
OR BRUTALITY. THE SUPERIOR OR CRIMINAL COURT MAY  BY  ORDER  APPOINT  AN
ATTORNEY AT LAW HAVING AN OFFICE IN OR RESIDING IN THE COUNTY, TO ACT AS
SPECIAL PROSECUTOR, OR IN THE CASE OF ORLEANS COUNTY THE ATTORNEY AT LAW
MAY  BE APPOINTED FROM AN ADJOINING COUNTY, TO ACT AS SPECIAL PROSECUTOR
FOR POLICE BRUTALITY OR MISCONDUCT.
  2. WHEN A SPECIAL PROSECUTOR IS APPOINTED PURSUANT  TO  THIS  SECTION,
THE  APPOINTMENT  SHALL  BE FOR ALL PURPOSES, INCLUDING DISPOSITION, AND
ANY APPEALS.
  3. A SPECIAL PROSECUTOR  APPOINTED  PURSUANT  TO  THIS  SECTION  SHALL
POSSESS  ALL  THE POWERS OF AN ASSISTANT DISTRICT ATTORNEY UNDER SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, OR OF AN ASSISTANT ATTORNEY  GENERAL
PURSUANT TO ARTICLE FIVE OF THE EXECUTIVE LAW.
  S  12.    This  act shall take effect on the one hundred twentieth day
after it shall have become a  law;  provided,  however,  that  effective
immediately,  the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this  act  on  its  effective
date  is  authorized  and directed to be made and completed on or before
such effective date.

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