Senate Bill S3549

                                 BILL NUMBER:  S3549

 TITLE OF BILL :  An act to amend the executive law, in relation to
creating an office of special investigation within the department of
law

 PURPOSE OR GENERAL IDEA OF BILL :

This legislation creates an Office of Special Investigation within the
Office of the Attorney General to investigate and, if necessary,
prosecute local police officers in cases whereby the death of an
unarmed suspect occurs in connection with an officer's performance of
his or her regular duties.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 creates a new Section 63-e of the Executive Law to establish
a new Office of Special Investigation. The Office is charged with
investigating police officers when the death of an unarmed suspect
occurs in connection with the officer's performance of his or her
official duties. Proceedings of the Office are conducted by the Deputy
Attorney General for the Office of Special Investigation, or his or
her representative.

The Office may also be petitioned to assume the investigation and
prosecution of a case that involves extraordinary circumstances other
              

than a suspect's death. In cases that involve the State Police, rather
than local police, the Attorney General must appoint a special
prosecutor independent of his or her office.

Section 2 is the effective date.

 JUSTIFICATION :

In 2015 Governor Cuomo issued Executive Order No. 147, which appointed
the New York State Attorney General as a special prosecutor in matters
relating to the deaths of unarmed civilians caused by law enforcement
officers. The order also allows the special prosecutor to review cases
where there is a question whether the civilian was armed and dangerous
at the time of his or her death.

Although the Governor has issued an Executive Order there is currently
no statutory law that appoints a special prosecutor in matters
relating to the deaths of unarmed civilians caused by law enforcement
officers. The potential for conflict can occur when a local prosecutor
investigates and prosecutes a serious criminal offense alleged to have
been committed by a police officer. This conflict arises from the
day-to-day interdependency between a prosecutor and police officers as
they fulfill their law enforcement duties.

District attorneys must, by the nature of their professional
responsibilities, maintain cooperative working relationships with
their colleagues in law enforcement. But when the legality of a police
officer's conduct comes into question in cases when an unarmed suspect
loses his or her life, or other extraordinary circumstances are
present, that cooperative working relationship is placed in jeopardy.
The result is the perceived, if not actual, conflict of interest for
the prosecutor.

This legislation will help restore public confidence in our legal
system by placing through New York State statute investigative and
prosecutorial authority within the Attorney General's office in cases
where the death of an unarmed suspect occurs in connection with a
local police officer or officers' performance of his or her official
duties Since the State Attorney General's relationship with local law

enforcement is more autonomous, this new office is a necessary tool to
ensure effective and independent prosecution of such cases.

To avoid a similar appearance of conflict of interest in cases
involving the State Police, with whom the Office of the Attorney
General has a closer relationship, the Attorney General must distance
his or her office further by appointing a special, independent
prosecutor to assume the duties and responsibilities of the Office of
Special Investigation.

 PRIOR LEGISLATIVE HISTORY :

2015-16 (S2180) Died in Finance

 FISCAL IMPLICATIONS :

Limited additional costs readily absorbed by the Department of Law.

 EFFECTIVE DATE :
This act shall take effect immediately.