senate Bill S9168

2017-2018 Legislative Session

Establishes the office of special investigation within the department of law

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 17, 2018 referred to rules

S9168 (ACTIVE) - Details

See Assembly Version of this Bill:
A5617
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §70-b, Exec L; amd §190.25, CP L
Versions Introduced in 2019-2020 Legislative Session:
S2574, A1601

S9168 (ACTIVE) - Summary

Establishes the office of special investigation within the department of law to investigate and prosecute any alleged criminal offense or offenses committed by a police officer or peace officer, concerning the death of any person as a result of any encounter with such police officer or peace officer.

S9168 (ACTIVE) - Sponsor Memo

S9168 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9168

                            I N  S E N A T E

                           September 17, 2018
                               ___________

Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the executive law and the  criminal  procedure  law,  in
  relation to establishing the office of special investigation

  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 a new  section  70-b
to read as follows:
  §  70-B.  OFFICE  OF SPECIAL INVESTIGATION.   1. THERE SHALL BE ESTAB-
LISHED WITHIN THE DEPARTMENT OF LAW AN OFFICE OF  SPECIAL  INVESTIGATION
WHICH  SHALL INVESTIGATE AND, IF WARRANTED, PROSECUTE ANY ALLEGED CRIMI-
NAL OFFENSE OR OFFENSES COMMITTED BY A PERSON WHO IS A POLICE OFFICER AS
DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION  1.20  OF  THE  CRIMINAL
PROCEDURE LAW, OR A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE
OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, CONCERNING THE DEATH, OR
THE INVESTIGATION OF THE DEATH, OF ANY PERSON WHERE SUCH DEATH  RESULTED
FROM OR POTENTIALLY RESULTED FROM ANY ENCOUNTER WITH SUCH POLICE OFFICER
OR  PEACE OFFICER, WHETHER OR NOT SUCH PERSON WAS IN CUSTODY. THE OFFICE
SHALL HAVE THE POWERS AND DUTIES SPECIFIED IN SUBDIVISIONS TWO AND EIGHT
OF SECTION SIXTY-THREE OF THIS ARTICLE FOR PURPOSES OF THIS SECTION, AND
SHALL POSSESS AND EXERCISE ALL THE  PROSECUTORIAL  POWERS  NECESSARY  TO
INVESTIGATE AND, IF WARRANTED, PROSECUTE SUCH OFFENSES, PROVIDED, HOWEV-
ER,  THAT  APPROVAL,  DIRECTION  OR  REQUIREMENT  OF THE GOVERNOR AS MAY
OTHERWISE BE REQUIRED BY SUCH SUBDIVISIONS SHALL NOT  BE  REQUIRED.  THE
JURISDICTION  OF  THE OFFICE OF SPECIAL INVESTIGATION SHALL DISPLACE AND
SUPERSEDE IN ALL WAYS THE  AUTHORITY  AND  JURISDICTION  OF  THE  COUNTY
DISTRICT   ATTORNEY  FOR  THE  INVESTIGATION  AND  PROSECUTION  OF  SUCH
OFFENSES. IN ANY INVESTIGATION AND  PROSECUTION  CONDUCTED  PURSUANT  TO
THIS  SECTION, THE DISTRICT ATTORNEY SHALL ONLY EXERCISE SUCH POWERS AND
PERFORM SUCH DUTIES AS DESIGNATED TO HIM OR HER BY THE OFFICE OF SPECIAL
INVESTIGATION. THE OFFICE OF SPECIAL INVESTIGATION WITHIN THE DEPARTMENT
OF LAW SHALL BE HEADED BY THE DEPUTY ATTORNEY GENERAL APPOINTED  BY  THE
ATTORNEY GENERAL PURSUANT TO SUBDIVISION THREE OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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