senate Bill S5046

2017-2018 Legislative Session

Prohibits a grand jury from inquiring into an offense or misconduct involving a shooting or use of excessive force by a peace officer that led to the death of a person being detained or arrested

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Mar 06, 2017 referred to codes

S5046 - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.55, CP L
Versions Introduced in 2015-2016 Legislative Session:
S6038

S5046 - Summary

Prohibits a grand jury from inquiring into an offense or misconduct that involves a shooting or use of excessive force by a police officer and/or peace officer that led or leads to the death or personal injury of a civilian.

S5046 - Sponsor Memo

S5046 - Bill Text download pdf


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

                                  5046

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 6, 2017
                               ___________

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

AN ACT to amend the criminal procedure law, in relation to prohibiting a
  grand jury from inquiring into an offense or misconduct that  involves
  a  shooting  or  use  of  excessive force by a police officer or peace
  officer that led or leads to the death or personal injury of a  civil-
  ian

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 190.55 of the  criminal  procedure
law is amended to read as follows:
  1.  (A)  A  grand  jury  may  hear and examine evidence concerning the
alleged commission of any offense prosecutable  in  the  courts  of  the
county,  and concerning any misconduct, nonfeasance or neglect in public
office by a public servant, whether criminal or otherwise.
  (B) A GRAND JURY SHALL NOT INQUIRE INTO AN OFFENSE OR MISCONDUCT  THAT
INVOLVES A SHOOTING OR USE OF EXCESSIVE FORCE BY A POLICE OFFICER AND/OR
PEACE  OFFICER,  AS  DEFINED  IN  SECTIONS 1.20 AND 2.10 OF THIS CHAPTER
RESPECTIVELY, THAT LED OR LEADS TO THE DEATH OR  PERSONAL  INJURY  OF  A
CIVILIAN.
  §  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00225-02-7

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