Assembly Bill A3011

2015-2016 Legislative Session

Relates to criminal proceedings, the appointment of an independent monitor, reporting requirements and warrants

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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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2015-A3011 (ACTIVE) - Details

See Senate Version of this Bill:
S2011
Current Committee:
Assembly Ways And Means
Law Section:
Budget Bills
Laws Affected:
Amd §§190.75, 190.85, 190.90, 230.20, 450.90 & 690.35, CP L; amd §840, add §837-u, Exec L

2015-A3011 (ACTIVE) - Summary

Relates to criminal proceedings, the appointment of an independent monitor, reporting requirements and warrants.

2015-A3011 (ACTIVE) - Bill Text download pdf

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

    S. 2011                                                  A. 3011

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN  ACT  to  amend  the  criminal procedure law, in relation to criminal
  proceedings and the appointment of an independent  monitor,  to  amend
  the  executive  law, in relation to the reporting requirements, and to
  amend the criminal procedure law, in relation to warrants

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

  Section  1. Section 190.75 of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
  5. WHEN THE SUBJECT OF A GRAND JURY PROCEEDING IS A POLICE OFFICER  AS
DEFINED  IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THIS CHAPTER OR A
PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20  OF
THIS  CHAPTER,  ACTING  WITHIN  HIS  OR HER OFFICIAL CAPACITY CONCERNING
CRIMINAL ACTS THAT INCLUDE THE USE OF DEADLY PHYSICAL FORCE  AGAINST  AN
UNARMED  PERSON,  AND THE DISTRICT ATTORNEY DECLINES TO INITIATE A GRAND
JURY PROCEEDING AGAINST SUCH A POLICE OFFICER OR PEACE OFFICER, DECLINES
TO REQUEST THAT A GRAND JURY CONSIDER CHARGES, DOES NOT PRESENT EVIDENCE
TO THE GRAND JURY, OR THE GRAND JURY DISMISSES THE CHARGES  OR  DECLINES
TO  RETURN  AN INDICTMENT, THE DISTRICT ATTORNEY SHALL WITHIN SIXTY DAYS
PROVIDE ALL EVIDENTIARY MATERIALS GATHERED  DURING  THE  COURSE  OF  THE
INVESTIGATION AND, WHERE APPLICABLE, THE DISTRICT ATTORNEY SHALL PROVIDE
THE  GRAND  JURY  MINUTES, ALL EVIDENCE PRESENTED TO THE GRAND JURY, ALL
GRAND JURY EXHIBITS, AS WELL AS ANY RECORDS AND OTHER  EVIDENCE  IN  THE
POSSESSION,  CUSTODY AND CONTROL OF THE DISTRICT ATTORNEY, TO THE "INDE-
PENDENT MONITOR" WHO SHALL BE APPOINTED BY THE GOVERNOR FOR  A  TERM  OF
THREE  YEARS  AND  WHO  SHALL  REVIEW THE GRAND JURY PROCEEDINGS AND ALL
EVIDENTIARY MATERIALS GATHERED. THE PRESENTED MATERIALS AS DESCRIBED  IN
THIS  SECTION  SHALL  REMAIN  CONFIDENTIAL  AND  SHALL NOT BE SUBJECT TO

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

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