|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Sep 17, 2018||referred to rules|
senate Bill S9168
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S9168 (ACTIVE) - Details
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
BILL NUMBER: S9168 SPONSOR: BAILEY TITLE OF BILL: An act to amend the executive law and the criminal procedure law, in relation to establishing the office of special investigation PURPOSE OR GENERAL IDEA OF BILL: The bill is designed to enhance public confidence in the integrity of investigations and court proceedings in instances involving the death of a person following an encounter with a police officer or peace officer. The bill would authorize the attorney general or, in potential conflict circumstances, an independent counsel to investigate and, where appro- priate, prosecute such cases. SUMMARY OF SPECIFIC PROVISIONS: Section one would establish an Office of Special Investigation within the New York State Department of Law (the formal name of the New York
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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