S T A T E O F N E W Y O R K
________________________________________________________________________
7330
2017-2018 Regular Sessions
I N A S S E M B L Y
April 24, 2017
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Introduced by M. of A. TITONE -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to establishing a board
for review of officer-involved deaths and procedures for reviewing
deaths involving police officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding two new sections
845-c and 845-d to read as follows:
§ 845-C. BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS. 1. THERE IS
HEREBY CREATED A BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS. THE BOARD
SHALL BE COMPOSED OF FIVE MEMBERS AS FOLLOWS:
(A) ONE RETIRED OR RESERVE JUDGE.
(B) A FORMER SHERIFF, CHIEF OF POLICE, CHIEF DEPUTY SHERIFF, OR DEPUTY
CHIEF OF POLICE.
(C) AN ASSISTANT ATTORNEY GENERAL.
(D) A PROFESSOR OR RESEARCHER AFFILIATED WITH THE STATE UNIVERSITY OF
NEW YORK WHO HAS EXPERTISE IN THE FIELD OF CRIMINAL LAW OR CRIMINAL
JUSTICE.
(E) A FORMER DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTORNEY WHO
SERVED IN THAT CAPACITY FOR AT LEAST TEN YEARS.
2. THE MEMBERS OF THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER FOR
STAGGERED FOUR-YEAR TERMS.
3. THE BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS SHALL MEET AS
NECESSARY TO PERFORM ITS DUTIES UNDER SECTION EIGHT HUNDRED FORTY-FIVE-D
OF THIS ARTICLE.
§ 845-D. REVIEW OF DEATHS INVOLVING POLICE OFFICERS. 1. EACH POLICE
AGENCY SHALL HAVE A WRITTEN POLICY REGARDING THE HANDLING OF DEATHS
INVOLVING A POLICE OFFICER EMPLOYED BY THE DIVISION. EACH POLICY IS
SUBJECT TO THE REVIEW AND APPROVAL OF THE BOARD FOR REVIEW OF OFFICER-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11014-01-7
A. 7330 2
INVOLVED DEATHS ESTABLISHED PURSUANT TO SECTION EIGHT HUNDRED FORTY-
FIVE-C OF THIS ARTICLE.
2. (A) EACH POLICY SHALL REQUIRE A TEAM OF INVESTIGATORS CONSISTING OF
AT LEAST THREE INDIVIDUALS, INCLUDING INDIVIDUALS FROM AT LEAST TWO
DIFFERENT AGENCIES THAT DO NOT EMPLOY THE POLICE OFFICER INVOLVED IN THE
DEATH BEING INVESTIGATED.
(B) IF THE DEATH BEING INVESTIGATED IS TRAFFIC RELATED, THE POLICY
SHALL REQUIRE THE INVESTIGATIVE TEAM TO USE A CRASH RECONSTRUCTION UNIT
FROM AN AGENCY THAT DOES NOT EMPLOY THE LAW ENFORCEMENT OFFICER INVOLVED
IN THE DEATH BEING INVESTIGATED.
(C) EACH POLICY MAY ALLOW AN INTERNAL INVESTIGATION INTO THE DEATH IF
THE INTERNAL INVESTIGATION DOES NOT INTERFERE WITH THE DUTIES OF THE
TEAM OF INVESTIGATORS REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION.
(D) EACH POLICY SHALL REQUIRE ANY POLICE OFFICER INVOLVED IN THE DEATH
TO SUBMIT A BLOOD SAMPLE. NO PERSON MAY PERFORM ANY ANALYSIS OR TEST ON
THE BLOOD SAMPLE WITHOUT EITHER THE PERMISSION OF THE POLICE OFFICER WHO
SUBMITTED THE SAMPLE OR A SEARCH WARRANT. AT THE CONCLUSION OF THE
INVESTIGATION OF THE DEATH, THE SAMPLE MAY BE DESTROYED IF A COURT
APPROVES.
3. (A) A TEAM OF INVESTIGATORS CREATED UNDER PARAGRAPH (A) OF SUBDIVI-
SION TWO OF THIS SECTION SHALL CONSULT AND REPORT TO THE DISTRICT ATTOR-
NEY OF THE COUNTY IN WHICH THE DEATH OCCURRED. EXCEPT AS PROVIDED IN
THIS SUBDIVISION, THE TEAM OF INVESTIGATORS SHALL KEEP CONFIDENTIAL ANY
MATERIAL AND INFORMATION RELATED TO THE DEATH AND THE INVESTIGATION.
(B) WHEN THE TEAM OF INVESTIGATORS COMPLETES THEIR INVESTIGATION, THEY
SHALL PROVIDE A FINAL REPORT TO THE DISTRICT ATTORNEY. THE DISTRICT
ATTORNEY SHALL RELEASE THE REPORT TO THE BOARD FOR THE REVIEW OF OFFI-
CER-INVOLVED DEATHS.
(C) A TEAM OF INVESTIGATORS CREATED UNDER PARAGRAPH (A) OF SUBDIVISION
TWO OF THIS SECTION SHALL RESPOND TO REQUESTS UNDER SUBDIVISION FOUR OF
THIS SECTION FROM THE BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS UNLESS
THE DISTRICT ATTORNEY RESTRICTS THE TEAM FROM A RESPONSE DUE TO A COURT
ORDER OR BECAUSE A RESPONSE COULD JEOPARDIZE THE PROSECUTION OR INVESTI-
GATION OF AN OPEN CASE.
4. (A) WHEN THE BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS RECEIVES A
REPORT UNDER PARAGRAPH (B) OF THIS SUBDIVISION, IT SHALL REVIEW THE
REPORT AND EVIDENCE TO DETERMINE IF IT ADDRESSES ALL ASPECTS OF THE
DEATH. THE BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS MAY REQUEST MORE
INFORMATION, CLARIFICATION, OR TESTIMONY FROM THE INVESTIGATIVE TEAM
THAT PREPARED THE REPORT.
(B) WHEN THE BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS FINISHES ITS
REVIEW OF THE REPORT, IT MAY MAKE RECOMMENDATIONS TO THE DISTRICT ATTOR-
NEY OF THE COUNTY IN WHICH THE DEATH OCCURRED AND FORWARD THE REPORT TO
ANY PERSON RESPONSIBLE FOR DISCIPLINING AN OFFICER INVOLVED.
(C) MEETINGS OF THE BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS ARE
OPEN TO THE PUBLIC BUT PUBLIC COMMENT IS CLOSED UNLESS THE MAJORITY OF
THE BOARD VOTES TO ALLOW PUBLIC COMMENT.
5. WHEN THE BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS COMPLETES ITS
REVIEW OF A REPORT UNDER SUBDIVISION FOUR OF THIS SECTION, THE ATTORNEY
GENERAL SHALL RELEASE THE REPORT AND ANY ACCOMPANYING WRITTEN FILES
UNLESS THE INFORMATION MUST BE KEPT CONFIDENTIAL BY STATUTE.
6. FOR PURPOSES OF THIS SECTION "POLICE OFFICER" MEANS A PERSON DESIG-
NATED AS SUCH IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW.
A. 7330 3
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.