Senate Bill S5142

                                BILL NUMBER:S5142

TITLE OF BILL:  An act to amend the executive law, in relation to
establishing a postretirement law enforcement officer cold case grant
program within the division of state police and making an
appropriation therefor

PURPOSE:

Establishes a postretirement law enforcement officer cold case grant
program within the division of state police; appropriation

SUMMARY OF PROVISIONS:

Section 1. The executive law is amended by adding anew section 232 to
read as follows: § 232. Postretirement law enforcement officer cold
case grant program. 1. There is hereby established with the division a
postretirement law enforcement officer cold case grant program. A
local law enforcement agency may apply to the division for a grant to
fund the hiring of a retired law enforcement officer or officers at a
salary of thirty thousand dollars per year for the purposes listed in
subdivision two of this section . 2. A law enforcement officer
position funded by this section shall be dedicated to work on unsolved
cases, including, but not limited to, the following: (a) collection
and recovery of evidence, including DNA samples; (b) interviewing
witnesses and people of interest; (c) researching unsolved cases to
              

determine potential connections and leads; (d) providing knowledge and
expertise in evaluating criminal behavior relevant to particular
cases; and (e) data entry an analysis. 3. The division shall
administer the grant program established by this section and shall
establish by regulation the guidelines it deems necessary for the
administration of the program. Such regulations shall set forth the
terms and conditions upon which the division is prepared to offer
grant of funds. All applications shall be reviewed and evaluated by
the division and grants shall be awarded on the basis of need,
consistency with the requirements of this section, and division rules
and regulations. 4. (a) All grant funds received by applicants shall
be used to fund officer positions and shall not supplant local funds.
Administrative costs associated with a position funded by the grant
program shall be absorbed by the applicant. (b) A grant award to a
particular local law enforcement agency shall not exceed one hundred
thousand dollars. (c) The service, compensation or any other limits
that are imposed on a person receiving a pension benefit shall not
apply to a law enforcement officer whose position is funded by a grant
awarded pursuant to this section.

EXISTING LAW:

No

JUSTIFICATION:

This bill is part of a three (3) bill packet of legislation that will
be going forward, referred to as the "Benny Lyde Packet" addressing
the ever rising volume of youth violence in certain high risk areas;
due to a failure to provide of accurate information to our high risk
youth, mental health issues surrounding past traumas and a lack of


psychological anchors and adequate mentoring during key periods in
certain youths development. The packet will also address the lack of
man-power to investigate and see to fruition the capture of those
guilty of committing such crimes.

Benny Lyde, was an up and coming young man who had studied business
and accounting and had aspirations of going into politics. Benny was
shot and 3 months later died at the age of 21 in 2005.

The police determined that he had been shot in retaliation for
something in which he was not involved. A friend had beaten someone
up; that person's friend couldn't find him, so he found Benny instead.
The police and his parents investigated and searched for his killer
for 2 and 1/2 years. Benny's younger brother Prince, who was
inseparable from him - spent many days watching his brother lying in
the hospital, and began coming to the conclusion that doing the right
thing "didn't pay off."

Communities need all of the pieces to address this ongoing problem.
They need counselors to assist when violence does strike home and they
need their youth educated with the correct information, they need
mentors for the children to talk to and assist them with the correct
way to mediate disagreements and problems that may arise.  They need
manpower to assist in finding the culprits who commit these acts (This
particular legislative piece addresses this portion). We are in hopes
that this bill along with the other two bills incorporated in this
packet will begin that process.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

The sum of two million dollars ($2,000,000) Annual appropriation from
the general fund for administration of grants to qualified applicants
selected by the division of the state police.

LOCAL FISCAL IMPLICATIONS:

Local law enforcement can apply for up to, but not exceed one hundred
thousand ($100,000) annually

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is authorized
and directed to be made and completed by the superintendent of state
police on or before such effective date.