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Senate Bill S2059

2009-2010 Legislative Session

Grants the attorney general jurisdiction to investigate and prosecute police misconduct

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Archive: Last Bill Status - On Floor Calendar

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2009-S2059 (ACTIVE) - Details

See Assembly Version of this Bill:
A1486
Law Section:
Executive Law
Laws Affected:
Amd ยง63, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6534, A4382
2013-2014: S1043, A2803
2015-2016: S716, A5524
2017-2018: S1071, A3763
2019-2020: S480, A3990
2021-2022: A2006
2023-2024: A740
2025-2026: A5564

2009-S2059 (ACTIVE) - Summary

Grants the attorney general jurisdiction to investigate and prosecute police misconduct upon the request of the governor or the district attorney of the county wherein such misconduct was committed.

2009-S2059 (ACTIVE) - Sponsor Memo

2009-S2059 (ACTIVE) - Bill Text download pdf 

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

                                  2059

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced by Sens. HUNTLEY, ADAMS, DIAZ, ESPADA, KRUEGER, PARKER, SAMP-
  SON,  SCHNEIDERMAN,  SMITH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the executive law, in relation to granting the  attorney
  general jurisdiction to investigate and prosecute police misconduct

  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 16 to read as follows:
  16.    INVESTIGATE  THE  ALLEGED COMMISSION OF ANY CRIMINAL OFFENSE OR
OFFENSES COMMITTED BY A POLICE OFFICER IN CONNECTION WITH  THE  PERFORM-
ANCE  OF  HIS  OR  HER OFFICIAL DUTIES, AND PROSECUTE ANY SUCH PERSON OR
PERSONS BELIEVED TO HAVE COMMITTED SUCH CRIMINAL OFFENSE OR OFFENSES  IN
CONNECTION  WITH  THE  PERFORMANCE  OF  HIS OR HER OFFICIAL DUTIES.  THE
ATTORNEY GENERAL MAY ONLY EXERCISE THE  JURISDICTION  PROVIDED  BY  THIS
SUBDIVISION  UPON  A WRITTEN FINDING THAT SUCH JURISDICTION IS NECESSARY
BECAUSE; (A)  OF  A  LACK  OF  ALTERNATIVE  PROSECUTORIAL  RESOURCES  TO
ADEQUATELY  INVESTIGATE  AND PROSECUTE SUCH CRIMINAL OFFENSE OR OFFENSES
OR, (B) THE EXERCISE OF SUCH JURISDICTION IS  NECESSARY  TO  ENSURE  THE
CONFIDENCE  OF  THE  PUBLIC  IN  THE  JUDICIAL  SYSTEM.    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 AND EXERCISE ALL OF
THE POWERS AND PERFORM ALL OF THE DUTIES WITH RESPECT TO SUCH ACTIONS OR
PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR
REQUIRED TO EXERCISE OR PERFORM.
  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.
                                                           LBD00214-01-9

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