NY State Senate Bill 2017-S8816

Senate Bill S8816

2017-2018 Legislative Session

Directs the attorney general to review incidents where a civilian is killed by a police officer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2018	referred to investigations and government operations

co-Sponsors

2017-S8816 (ACTIVE) - Details

See Assembly Version of this Bill:: A3538
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §63, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A6342
2019-2020: S3196, A10575
2021-2022: A1642
2023-2024: A6643
2025-2026: A7190

2017-S8816 (ACTIVE) - Summary

Directs the attorney general to review incidents where a civilian is killed by a police officer.

2017-S8816 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8816

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the executive law, in relation to the
authority of the attorney general to review incidents where a civilian
is killed by a police officer

 
PURPOSE:

The purpose of this legislation is to address police officer conduct by
the attorney general in regards to officer caused civilian fatality.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds subdivision 17 to § 63 of the executive law
to define the course of conduct to follow after a civilian is severely
injured or killed by a police officer during his or her official duties
within sixty days of the incident. Upon review, the attorney general
shall determine whether the incident will remain within the jurisdiction
of the local district attorney or be prosecuted under the jurisdiction
of a special prosecutor appointed by the governor.

Section two of the bill provides the effective date.

 
JUSTIFICATION:

Providing the attorney general with the option to determine who brings
forth the prosecution upon an officer allows for due process of the law
to flow more fluidly in wake of severe incidents or deaths involving a
civilian. In Governor Cuomo's State of the State address of January
2015, the Governor proposed a seven point Justice Agenda.  The latter
two points of the proposal addresses the need for advanced review of
cases involving police brutality. The Governor would appoint an Inde-
pendent Monitor to review police cases where a civilian dies. No true
bill has been issued that can recommend a special prosecutor to be
appointed. Having an Independent Monitor with access to grand jury
information is essential to this piece of legislation as it ensures that
in circumstances where police brutality is suspected that the proper
means of investigation will take place while still maintaining a level
of respect for the officer being investigated.

 
PRIOR LEGISLATIVE HISTORY:

2015-2016: A.6342 - Referred to Codes

 
EFFECTIVE DATE:
Ninety days after becoming a law.

2017-S8816 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8816
 
                             I N  S E N A T E
 
                               May 22, 2018
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the executive law, in relation to the authority  of  the
   attorney  general  to review incidents where a civilian is killed by a
   police officer
 
   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. REVIEW ANY INCIDENT INVOLVING THE CONDUCT OF A POLICE  OFFICER  IN
 CONNECTION  WITH  THE PERFORMANCE OF HIS OR HER OFFICIAL DUTIES, WHEREIN
 SUCH CONDUCT IS ALLEGED TO HAVE CAUSED THE SERIOUS INJURY OR DEATH OF  A
 CIVILIAN,  WITHIN  SIXTY  DAYS  OF  THE  INCIDENT. UPON SUCH REVIEW, THE
 ATTORNEY GENERAL SHALL DETERMINE  WHETHER  THE  INCIDENT  BEING  BROUGHT
 FORTH  WILL  REMAIN WITHIN THE JURISDICTION OF THE LOCAL DISTRICT ATTOR-
 NEY'S OFFICE OR BE PROSECUTED UNDER THE JURISDICTION OF A SPECIAL PROSE-
 CUTOR APPOINTED BY THE GOVERNOR.
   § 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.
                                                            LBD06331-02-7

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S8816

Share this bill

Sponsored By

Kevin S. Parker