Assembly Bill A7228

2015-2016 Legislative Session

Relates to the creation of an office of special investigation within the department of law

download bill text pdf

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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-A7228 (ACTIVE) - Details

See Senate Version of this Bill:
S2180
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §63-e, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7958
2017-2018: S3549

2015-A7228 (ACTIVE) - Summary

Provides for the creation of an office of special investigation within the department of law to conduct special investigations where an unarmed civilian is killed by a law enforcement officer.

2015-A7228 (ACTIVE) - Bill Text download pdf 

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

                                  7228

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2015
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Governmental Operations

AN  ACT to amend the executive law, in relation to creating an office of
  special investigation within the department of law

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

  Section  1.  The executive law is amended by adding a new section 63-e
to read as follows:
  S 63-E. OFFICE OF SPECIAL INVESTIGATION. THERE IS  ESTABLISHED  WITHIN
THE DEPARTMENT OF LAW AN OFFICE OF SPECIAL INVESTIGATION.  NOTWITHSTAND-
ING  ANY  OTHER  PROVISION OF THIS ARTICLE, THE OFFICE SHALL INVESTIGATE
ANY CASE IN WHICH THE DEATH OF AN UNARMED CIVILIAN IS CAUSED BY A POLICE
OFFICER DURING THE PERFORMANCE OF HIS OR HER  DUTIES.  SUCH  OFFICE  MAY
ALSO BE PETITIONED TO TAKE OVER A CASE UNDER EXTRAORDINARY CIRCUMSTANCES
WHEN  THE ABOVE CRITERIA ARE NOT EXTENT. PROCEEDINGS OF THE OFFICE UNDER
THIS SECTION SHALL BE CONDUCTED  BY  THE  DEPUTY  ATTORNEY  GENERAL  FOR
SPECIAL  INVESTIGATION, WHO 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.  WHERE AN INVESTIGATION REQUIRED  UNDER
THIS  SECTION  INVOLVES  THE  STATE  POLICE,  THE ATTORNEY GENERAL SHALL
APPOINT AN INDEPENDENT SPECIAL PROSECUTOR TO CONDUCT SUCH INVESTIGATION.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07394-01-5

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