senate Bill S1043

2013-2014 Legislative Session

Grants the attorney general jurisdiction to investigate and prosecute police misconduct

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to investigations and government operations
Jan 09, 2013 referred to investigations and government operations

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S1043 - Bill Details

See Assembly Version of this Bill:
A2803
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §63, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6534, A4382
2009-2010: S2059, A1486

S1043 - Bill Texts

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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.

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BILL NUMBER:S1043

TITLE OF BILL:
An act
to amend the executive law, in relation to granting the attorney general
jurisdiction to investigate and prosecute police misconduct

PURPOSE OR GENERAL IDEA OF BILL:
This legislation authorizes the attorney general to investigate and
prosecute the alleged commission of any criminal offense or offenses
committed by police officers in connection with the performance of
their regular duties under limited, specific circumstances.

SUMMARY OF SPECIFIC PROVISIONS:
Under the provisions of this legislation, the attorney general is
given the authority to investigate and prosecute alleged criminal
offenses committed by police officers in connection with the
performance of their official functions, however, this authority may
be exercised only upon a written finding by the attorney general
that a lack of prosecutorial resources hinders the effective
investigation and prosecution of the alleged offense or offenses or
that the exercise of this authority by the attorney general is
necessary to ensure the public's confidence in the judicial system.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
This amendment to the executive law increases the authority of the
attorney general to investigate and prosecute alleged criminal
conduct by police officers in certain limited cases.

JUSTIFICATION:
This legislation is necessary to ensure the effective prosecution of
alleged criminal conduct committed by police officers in instances
where the local prosecutor lacks adequate resources to prosecute or
where prosecution by the attorney general is necessary to safeguard
the public's confidence in the judicial system.

PRIOR LEGISLATIVE HISTORY:
2007: A.715
2005-06: A.2413

FISCAL IMPLICATIONS:
Limited additional costs readily absorbed by the Department of Law.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law.

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

                                  1043

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. RIVERA, SERRANO -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and Government 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.
                                                           LBD00656-01-3

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