Senate Bill S7320

2015-2016 Legislative Session

Establishes a special prosecutor to investigate and prosecute matters involving the death of an unarmed civilian caused by a law enforcement officer

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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-S7320 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive
Versions Introduced in Other Legislative Sessions:
2017-2018: S4703
2019-2020: S3010
2021-2022: S5188
2023-2024: S3510

2015-S7320 (ACTIVE) - Summary

Establishes a special prosecutor to investigate and prosecute matters involving the death of an unarmed civilian caused by a law enforcement officer.

2015-S7320 (ACTIVE) - Sponsor Memo

2015-S7320 (ACTIVE) - Bill Text download pdf

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

                                  7320

                            I N  S E N A T E

                             April 15, 2016
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT in relation to appointing a special prosecutor to investigate and
  prosecute matters involving the death of an unarmed civilian caused by
  a law enforcement officer

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

  Section  1. 1. The governor, by and with the advice and consent of the
senate, shall within 30 days of the effective date of this act appoint a
special prosecutor to investigate and prosecute any death of an  unarmed
civilian  caused  by  a  police officer, as defined in subdivision 34 of
section 1.20 of the criminal procedure law. The special prosecutor shall
serve for a term of 3 years unless removed by the governor, after notice
and an opportunity for a hearing, and then only for one or more  of  the
following reasons: permanent disability which renders the special prose-
cutor  incapable  of  performing  the duties of his or her office; gross
inefficiency, typified by a lack of ability to properly conduct investi-
gations and prosecutions; neglect of duty; malfeasance; conviction of  a
felony; or conduct involving moral turpitude.
  2.  Such special prosecutor shall receive an annual salary to be fixed
by law from within  the  amounts  appropriated  therefor.  Such  special
prosecutor  shall  possess  all  of  the powers of an assistant attorney
general otherwise authorized by this act  provided,  however  that  such
special  prosecutor  shall devote his or her full time and effort exclu-
sively to investigations and prosecutions of any  death  of  an  unarmed
civilian caused by a police officer.
  3.  The special prosecutor may appoint such other deputies, directors,
assistants, and other employees to serve  at  the  special  prosecutor's
pleasure  and  discretion as may be needed for the performance of duties
and may prescribe their powers and fix  their  compensation  within  the
amounts appropriated therefor.
  4.  The special prosecutor shall have the following special functions,
powers and duties:

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

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