S T A T E O F N E W Y O R K
________________________________________________________________________
3763
2017-2018 Regular Sessions
I N A S S E M B L Y
January 30, 2017
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Introduced by M. of A. AUBRY, PERRY, KAVANAGH, SEPULVEDA -- Multi-Spon-
sored by -- M. of A. COOK, DINOWITZ, FARRELL, GANTT, GLICK, GOTT-
FRIED, HOOPER, ORTIZ, PRETLOW, 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.
§ 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.
LBD00944-01-7