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Assembly Bill A8364A

2015-2016 Legislative Session

Prohibits a grand jury from inquiring into an offense or misconduct involving a shooting or use of excessive force by a peace officer that led to the death of a person being detained or arrested

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2015-A8364 - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.55, CP L

2015-A8364 - Summary

Prohibits a grand jury from inquiring into an offense or misconduct that involves a shooting or use of excessive force by a police officer or a peace officer that led to the death or personal injury of a person being detained or arrested by such officer.

2015-A8364 - Bill Text download pdf 

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

                                  8364

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             August 12, 2015
                               ___________

Introduced by M. of A. BARRON -- read once and referred to the Committee
  on Codes

AN ACT to amend the criminal procedure law, in relation to prohibiting a
  grand  jury from inquiring into an offense or misconduct that involves
  a shooting or use of excessive force by a peace officer  that  led  to
  the death of a person being detained or arrested by the peace officer

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

  Section 1. Subdivision 1 of section 190.55 of the  criminal  procedure
law is amended to read as follows:
  1.  (A)  A  grand  jury  may  hear and examine evidence concerning the
alleged commission of any offense prosecutable  in  the  courts  of  the
county,  and concerning any misconduct, nonfeasance or neglect in public
office by a public servant, whether criminal or otherwise.
  (B) A GRAND JURY SHALL NOT INQUIRE INTO AN  OFFENSE  THAT  INVOLVES  A
SHOOTING  OR  USE  OF  EXCESSIVE FORCE BY A PEACE OFFICER, AS DEFINED IN
SECTION 2.10 OF THIS CHAPTER, THAT LED TO THE DEATH OF  A  PERSON  BEING
DETAINED OR ARRESTED BY THE PEACE OFFICER.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11852-02-5

2015-A8364A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.55, CP L

2015-A8364A (ACTIVE) - Summary

Prohibits a grand jury from inquiring into an offense or misconduct that involves a shooting or use of excessive force by a police officer or a peace officer that led to the death or personal injury of a person being detained or arrested by such officer.

2015-A8364A (ACTIVE) - Bill Text download pdf 

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

                                 8364--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             August 12, 2015
                               ___________

Introduced by M. of A. BARRON -- read once and referred to the Committee
  on  Codes  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the criminal procedure law, in relation to prohibiting a
  grand jury from inquiring into an offense or misconduct that  involves
  a  shooting  or  use  of  excessive force by a police officer or peace
  officer that led or leads to the death or personal injury of a  civil-
  ian

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

  Section 1. Subdivision 1 of section 190.55 of the  criminal  procedure
law is amended to read as follows:
  1.  (A)  A  grand  jury  may  hear and examine evidence concerning the
alleged commission of any offense prosecutable  in  the  courts  of  the
county,  and concerning any misconduct, nonfeasance or neglect in public
office by a public servant, whether criminal or otherwise.
  (B) A GRAND JURY SHALL NOT INQUIRE INTO AN OFFENSE OR MISCONDUCT  THAT
INVOLVES A SHOOTING OR USE OF EXCESSIVE FORCE BY A POLICE OFFICER AND/OR
PEACE  OFFICER,  AS DEFINED IN SECTION 2.10 OF THIS CHAPTER, THAT LED OR
LEADS TO THE DEATH OR PERSONAL INJURY OF A CIVILIAN.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11852-03-5

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