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Assembly Bill A5524A

2015-2016 Legislative Session

Grants the attorney general jurisdiction to investigate and prosecute police misconduct

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2015-A5524 - Details

See Senate Version of this Bill:
S716
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §63, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1486, S2059
2011-2012: A4382, S6534
2013-2014: A2803, S1043
2017-2018: A3763, S1071
2019-2020: A3990, S480
2021-2022: A2006
2023-2024: A740
2025-2026: A5564

2015-A5524 - Summary

Grants the attorney general jurisdiction to investigate and prosecute police misconduct.

2015-A5524 - Bill Text download pdf 

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

                                  5524

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2015
                               ___________

Introduced by M. of A. WRIGHT, AUBRY, PERRY, KAVANAGH -- Multi-Sponsored
  by -- M. of A.  BRENNAN, CLARK, COOK, DINOWITZ, FARRELL, GANTT, GLICK,
  GOTTFRIED, HOOPER, ORTIZ, PRETLOW, ROBINSON, SCARBOROUGH, SKARTADOS --
  read once and referred to the Committee on Codes

AN  ACT to amend the executive law, in relation to granting the attorney
  general jurisdiction to investigate and prosecute police misconduct

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

  Section  1. Section 63 of the executive law is amended by adding a new
subdivision 17 to read as follows:
  17.  INVESTIGATE THE ALLEGED COMMISSION OF  ANY  CRIMINAL  OFFENSE  OR
OFFENSES  COMMITTED  BY A POLICE OFFICER IN CONNECTION WITH THE PERFORM-
ANCE OF HIS OR HER OFFICIAL DUTIES, AND PROSECUTE  ANY  SUCH  PERSON  OR
PERSONS  BELIEVED TO HAVE COMMITTED SUCH CRIMINAL OFFENSE OR OFFENSES IN
CONNECTION WITH THE PERFORMANCE OF HIS OR  HER  OFFICIAL  DUTIES.    THE
ATTORNEY  GENERAL  MAY  ONLY  EXERCISE THE JURISDICTION PROVIDED BY THIS
SUBDIVISION UPON A WRITTEN FINDING THAT SUCH JURISDICTION  IS  NECESSARY
BECAUSE;  (A)  OF  A  LACK  OF  ALTERNATIVE  PROSECUTORIAL  RESOURCES TO
ADEQUATELY INVESTIGATE AND PROSECUTE SUCH CRIMINAL OFFENSE  OR  OFFENSES
OR,  (B)  THE  EXERCISE  OF SUCH JURISDICTION IS NECESSARY TO ENSURE THE
CONFIDENCE  OF  THE  PUBLIC  IN  THE  JUDICIAL  SYSTEM.    IN  ALL  SUCH
PROCEEDINGS,  THE ATTORNEY GENERAL 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.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05178-01-5

co-Sponsors

multi-Sponsors

2015-A5524A (ACTIVE) - Details

See Senate Version of this Bill:
S716
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §63, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1486, S2059
2011-2012: A4382, S6534
2013-2014: A2803, S1043
2017-2018: A3763, S1071
2019-2020: A3990, S480
2021-2022: A2006
2023-2024: A740
2025-2026: A5564

2015-A5524A (ACTIVE) - Summary

Grants the attorney general jurisdiction to investigate and prosecute police misconduct.

2015-A5524A (ACTIVE) - Bill Text download pdf 

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

                                 5524--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2015
                               ___________

Introduced  by  M.  of  A.  WRIGHT, AUBRY, PERRY, KAVANAGH, SEPULVEDA --
  Multi-Sponsored by  --  M.  of  A.  BRENNAN,  CLARK,  COOK,  DINOWITZ,
  FARRELL,  GANTT,  GLICK,  GOTTFRIED, HOOPER, ORTIZ, PRETLOW, ROBINSON,
  SCARBOROUGH, SKARTADOS -- 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 executive law, in relation to granting the  attorney
  general jurisdiction to investigate and prosecute police misconduct

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

  Section 1. Section 63 of the executive law is amended by adding a  new
subdivision 17 to read as follows:
  17.    INVESTIGATE  THE  ALLEGED COMMISSION OF ANY CRIMINAL OFFENSE OR
OFFENSES COMMITTED BY A POLICE OFFICER IN CONNECTION WITH  THE  PERFORM-
ANCE  OF  HIS  OR  HER OFFICIAL DUTIES, AND PROSECUTE ANY SUCH PERSON OR
PERSONS BELIEVED TO HAVE COMMITTED SUCH CRIMINAL OFFENSE OR OFFENSES  IN
CONNECTION  WITH  THE  PERFORMANCE  OF  HIS OR HER OFFICIAL DUTIES.  THE
ATTORNEY GENERAL MAY ONLY EXERCISE THE  JURISDICTION  PROVIDED  BY  THIS
SUBDIVISION  UPON  A WRITTEN FINDING THAT SUCH JURISDICTION IS NECESSARY
BECAUSE: (A)  OF  A  LACK  OF  ALTERNATIVE  PROSECUTORIAL  RESOURCES  TO
ADEQUATELY  INVESTIGATE  AND PROSECUTE SUCH CRIMINAL OFFENSE OR OFFENSES
OR, (B) THE EXERCISE OF SUCH JURISDICTION IS  NECESSARY  TO  ENSURE  THE
CONFIDENCE  OF  THE  PUBLIC  IN  THE  JUDICIAL  SYSTEM.    IN  ALL  SUCH
PROCEEDINGS, THE ATTORNEY GENERAL 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.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05178-03-5

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