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Assembly Bill A4382

2011-2012 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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2011-A4382 (ACTIVE) - Details

See Senate Version of this Bill:
S6534
Law Section:
Executive Law
Laws Affected:
Amd ยง63, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1486, S2059
2013-2014: A2803, S1043
2015-2016: A5524, S716
2017-2018: A3763, S1071
2019-2020: A3990, S480
2021-2022: A2006
2023-2024: A740
2025-2026: A5564

2011-A4382 (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.

2011-A4382 (ACTIVE) - Bill Text download pdf 

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

                                  4382

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced by M. of A. WRIGHT, AUBRY, PERRY, JEFFRIES, KAVANAGH, KELLNER
  --  Multi-Sponsored  by  --  M.  of  A. BOYLAND, BRENNAN, CLARK, COOK,
  DINOWITZ, FARRELL, GANTT, GLICK, GOTTFRIED,  HOOPER,  ORTIZ,  PRETLOW,
  REILLY, ROBINSON, SCARBOROUGH -- read once and referred to the Commit-
  tee on Governmental 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.
                                                           LBD05637-01-1

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