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
                                ___________
 
 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.