S T A T E   O F   N E W   Y O R K
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    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.
              
             
                          
                                                                           LBD12576-01-5
S. 2011                             2                            A. 3011
DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.  IF  THE  INDE-
PENDENT  MONITOR  DETERMINES  THAT  THERE WERE (A) SUBSTANTIAL ERRORS OF
SUCH MAGNITUDE THAT  THERE  EXISTS  A  REASONABLE  PROBABILITY  THAT  AN
INDICTMENT  WOULD  HAVE  RESULTED  BUT  FOR  THESE  ERRORS, AND THAT THE
PRESUMPTION OF REGULARITY AFFORDED TO SUCH  PROCEEDINGS  CAN  NO  LONGER
APPLY,  OR  (B) THERE EXISTS NEWLY DISCOVERED EVIDENCE OF SUCH MAGNITUDE
THAT THERE EXISTS A REASONABLE PROBABILITY THAT HAD SUCH  EVIDENCE  BEEN
PRESENTED TO THE GRAND JURY, AN INDICTMENT WOULD HAVE RESULTED, THEN THE
INDEPENDENT  MONITOR SHALL REFER THE MATTER TO THE GOVERNOR FOR PURPOSES
OF APPOINTMENT OF A SPECIAL PROSECUTOR PURSUANT TO  SECTION  SIXTY-THREE
OF  THE  EXECUTIVE  LAW.  FOR  PURPOSES  OF THIS ARTICLE, THE RELEASE OF
EVIDENTIARY MATERIALS AND GRAND JURY MINUTES BY THE DISTRICT ATTORNEY TO
THE INDEPENDENT MONITOR SHALL BE CONSIDERED ACTING WITHIN  THE  DISTRICT
ATTORNEY'S  OFFICIAL  DUTIES AND THEREFORE NOT UNLAWFUL DISCLOSURE UNDER
SECTION 215.70 OF THE PENAL LAW.
  S 2. Section 190.85 of the criminal procedure law is amended by adding
a new subdivision 6 to read as follows:
  6. WHEN A GRAND JURY, PURSUANT TO SUBDIVISION ONE OF SECTION 190.75 OF
THIS ARTICLE, DISMISSES THE CHARGES OR DECLINES TO RETURN AN  INDICTMENT
AND  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, THE DISTRICT ATTORNEY MAY, PURSUANT TO AND IN ACCORDANCE
WITH THE RULES AND REQUIREMENTS OF THIS SECTION AND  SECTION  190.90  OF
THIS  ARTICLE,  REGARDING  THE CREATION OF A GRAND JURY REPORT, CREATE A
GRAND JURY REPORT. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE
FOLLOWING  INFORMATION:  (I) CHARGES PRESENTED; (II) EVIDENCE PRESENTED;
(III) THE GRAND JURY MINUTES; AND (IV) THE GRAND JURY QUORUM.  WITH  THE
EXCEPTION  OF  EXPERTS AND PUBLIC EMPLOYEES, THE REPORT MUST NOT CONTAIN
THE NAMES OR ANY OTHER IDENTIFYING INFORMATION SUCH AS DATES  OF  BIRTH,
SOCIAL SECURITY NUMBERS, HOME ADDRESSES, TELEPHONE NUMBERS, OR ANY OTHER
INFORMATION  THAT  IF  DISCLOSED MAY REASONABLY LEAD TO THE PUBLIC IDEN-
TIFICATION OF A WITNESS OR ANY OTHER PERSON, OTHER THAN THE NAME OF  THE
VICTIM OR THE SUBJECT OF THE INVESTIGATION, WHO WAS OTHERWISE IDENTIFIED
DURING THE COURSE OF THE GRAND JURY PRESENTATION. THE COURT MUST APPROVE
THE CONTENTS OF THE REPORT CONSISTENT WITH THIS SUBDIVISION PRIOR TO THE
RELEASE OF THE REPORT BY THE DISTRICT ATTORNEY TO ANY CIVILIAN OR DISCI-
PLINARY  OVERSIGHT BOARD. FOR PURPOSES OF THIS ARTICLE, THE RELEASE OF A
GRAND JURY REPORT BY THE DISTRICT ATTORNEY CONSISTENT WITH THIS  SECTION
SHALL  BE  CONSIDERED  ACTING  WITHIN  THE  DISTRICT ATTORNEY'S OFFICIAL
DUTIES AND THEREFORE NOT UNLAWFUL DISCLOSURE UNDER SECTION 215.70 OF THE
PENAL LAW.  IN LIEU OF A GRAND JURY REPORT, THE  DISTRICT  ATTORNEY  MAY
ISSUE A LETTER EXPLAINING: (A) HIS OR HER DECISION NOT TO PRESENT A CASE
WHERE  THE  SUBJECT  OF  A  GRAND JURY PROCEEDING IS A POLICE OFFICER OR
PEACE OFFICER ACTING WITHIN HIS OR HER OFFICIAL CAPACITY CONCERNING ACTS
THAT INCLUDE THE USE OF DEADLY PHYSICAL FORCE AGAINST AN UNARMED PERSON;
OR (B) THE BASIS FOR THE GRAND JURY'S DECISION TO  DISMISS  THE  INDICT-
MENT.  FOR PURPOSES OF THIS ARTICLE, THE RELEASE OF SUCH A LETTER BY THE
DISTRICT ATTORNEY IN LIEU OF A GRAND JURY  REPORT  SHALL  BE  CONSIDERED
ACTING  WITHIN THE DISTRICT ATTORNEY'S OFFICIAL DUTIES AND THEREFORE NOT
UNLAWFUL DISCLOSURE UNDER SECTION 215.70 OF THE PENAL LAW.
  S 3. Subdivision 1 of section 190.90 of the criminal procedure law  is
amended to read as follows:
S. 2011                             3                            A. 3011
  1.    When  a  court makes an order accepting a report of a grand jury
pursuant to paragraph (a) of subdivision one  of  section  190.85[,]  OR
SUBDIVISION  SIX  OF SECTION 190.85 any public servant named therein may
appeal the order; and when a court makes an order sealing a report of  a
grand  jury pursuant to subdivision five of section 190.85, the district
attorney or other attorney designated by the grand jury may  appeal  the
order.
  S 4. Section 230.20 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
  5.  ANY PARTY AGGRIEVED BY AN ORDER OF THE APPELLATE DIVISION CONCERN-
ING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION  MAY  SEEK
LEAVE  TO  APPEAL  FROM  SUCH ORDER TO THE COURT OF APPEALS, PURSUANT TO
SUBDIVISION THREE OF SECTION 450.90 OF THIS CHAPTER.
  S 5. Section 450.90 of the criminal procedure law is amended by adding
a new subdivision 3 to read as follows:
  3. PROVIDED THAT A CERTIFICATE GRANTING  LEAVE  TO  APPEAL  IS  ISSUED
PURSUANT  TO SECTION 460.20 OF THIS TITLE, AN APPEAL MAY BE TAKEN TO THE
COURT OF APPEALS BY ANY PARTY AGGRIEVED BY AN  ORDER  OF  THE  APPELLATE
DIVISION CONCERNING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF SECTION
230.20  OF  THIS  CHAPTER. UPON THE REQUEST OF EITHER PARTY, THE HEARING
AND DETERMINATION OF AN APPEAL  GRANTED  PURSUANT  TO  THIS  SUBDIVISION
SHALL  BE CONDUCTED IN AN EXPEDITIOUS MANNER. THE CHIEF ADMINISTRATOR OF
THE COURTS, WITH THE ADVICE AND CONSENT OF THE ADMINISTRATIVE  BOARD  OF
THE  COURTS, SHALL ADOPT RULES FOR THE EXPEDITIOUS BRIEFING, HEARING AND
DETERMINATION OF SUCH APPEALS.
  S 6. Subdivision 4 of section 840 of the executive law is  amended  by
adding a new paragraph (c) to read as follows:
  (C) ESTABLISH A MODEL LAW ENFORCEMENT USE OF FORCE POLICY SUITABLE FOR
ADOPTION BY ANY LAW ENFORCEMENT AGENCY THROUGHOUT THE STATE.  THE USE OF
FORCE  POLICY  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED TO, INFORMATION ON
CURRENT LAW AS IT RELATES TO USE OF  FORCE  AND  ACTS  OR  TECHNIQUES  A
POLICE  OFFICER  OR PEACE OFFICER MAY NOT USE IN THE COURSE OF ACTING IN
HIS OR HER OFFICIAL CAPACITY. THE CHIEF OF EVERY  LOCAL  POLICE  DEPART-
MENT,  EACH  COUNTY SHERIFF, AND THE SUPERINTENDENT OF STATE POLICE MUST
IMPLEMENT A USE OF FORCE POLICY. THE  USE  OF  FORCE  POLICY  SHOULD  BE
CONSISTENT  WITH  THE  MODEL  LAW ENFORCEMENT POLICY AS REQUIRED BY THIS
SECTION EXCEPT THAT A DEPARTMENT SHALL  NOT  BE  LIMITED  FROM  IMPOSING
FURTHER RESTRICTIONS ON THE USE OF FORCE.
  S  7.  The  executive  law is amended by adding a new section 837-u to
read as follows:
  S 837-U. REPORTING DUTIES OF LAW ENFORCEMENT DEPARTMENTS WITH  RESPECT
TO  ENFORCEMENT  OF  VIOLATIONS  AND MISDEMEANORS. 1. THE CHIEF OF EVERY
POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE SUPERINTENDENT OF  STATE
POLICE SHALL REPORT, ANNUALLY, TO THE DIVISION WITH RESPECT TO THE TOTAL
NUMBER  OF  ARRESTS  MADE  FOR NON-CRIMINAL VIOLATIONS AND MISDEMEANORS.
SUCH REPORTS SHALL BE IN THE FORM AND MANNER PRESCRIBED BY THE  DIVISION
AND SHALL CONTAIN SUCH INFORMATION AS THE DIVISION DEEMS NECESSARY.
  2.  THE CHIEF OF EVERY POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE
SUPERINTENDENT OF STATE POLICE SHALL REPORT, ANNUALLY, TO  THE  DIVISION
WITH  RESPECT  TO  THE  NUMBER  OF  INSTANCES  WHERE A POLICE OFFICER AS
DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION  1.20  OF  THE  CRIMINAL
PROCEDURE  LAW OR A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE
OF SECTION 1.20 OF THIS CHAPTER, ENGAGES IN CONDUCT THAT WAS A  POSSIBLE
FACTOR  IN THE DEATH OF ANOTHER DURING THE ENFORCEMENT OF A VIOLATION OR
MISDEMEANOR. SUCH REPORTS SHALL BE IN THE FORM AND MANNER PRESCRIBED  BY
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THE  DIVISION  AND  SHALL CONTAIN SUCH INFORMATION AS THE DIVISION DEEMS
NECESSARY.
  3.  THE CHIEF OF EVERY POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE
SUPERINTENDENT OF STATE POLICE SHALL REPORT, ANNUALLY, TO  THE  DIVISION
WITH  RESPECT  TO  THE  TOTAL NUMBER OF APPEARANCE TICKETS AS DEFINED IN
SUBDIVISION TWENTY-SIX OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW AND
SUMMONSES AS DEFINED IN SUBDIVISION TWENTY-SEVEN OF SECTION 1.20 OF  THE
CRIMINAL  PROCEDURE  LAW.  SUCH  REPORTS SHALL BE IN THE FORM AND MANNER
PRESCRIBED BY THE DIVISION  AND  SHALL  CONTAIN  INFORMATION  ABOUT  THE
SUBJECT  OF  EACH APPEARANCE TICKET OR SUMMONS INCLUDING BUT NOT LIMITED
TO HIS OR HER AGE, SEX, RACE AND ETHNICITY.
  S 8. Subdivision 3 of section 690.35 of the criminal procedure law  is
amended by adding a new paragraph (f) to read as follows:
  (F)  A  STATEMENT  WHETHER  THE  APPLICATION  FOR THE WARRANT HAD BEEN
PREVIOUSLY SUBMITTED TO ANOTHER JUDGE, AND IF  SO,  THE  STATEMENT  MUST
INCLUDE  THE  NAME  OF  THE  JUDGE OR JUDGES TO WHOM THE APPLICATION WAS
PREVIOUSLY SUBMITTED, THE RESULT OF SUCH  APPLICATION  OR  APPLICATIONS,
AND WHEN SUCH APPLICATION OR APPLICATIONS WERE MADE.
  S 9. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 10. This act shall take effect on the thirtieth day after  it  shall
have become a law.