|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 21, 2015||referred to finance|
senate Bill S2011
There are no sponsors of this bill.
Archive: Last Bill Status - In Senate Committee Finance Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2011 (ACTIVE) - Details
S2011 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2011 TITLE OF BILL: 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 Purpose: To restore the public's trust in New York's criminal justice system, this bill would: strengthen the State's criminal procedure laws as they relate to grand juries and change of venue motions; require additional information on search warrant applications; require a statewide "use of force" policy; and reinforce existing reporting requirements of certain law enforcement activities under the Executive Law. Statement in Support and Summary of Provisions: A. Independent Monitor This bill would create a Governor-appointed "independent monitor" responsible for reviewing certain grand jury investigations. Specifically, the independent monitor would be empowered to review the evidence and facts in every case involving a police officer or peace
S2011 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 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.
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