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

Do you support this bill?

Please enter your contact information

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

2017-S5046 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.55, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6038
2019-2020: S4796
2021-2022: S5977
2023-2024: S7194

2017-S5046 (ACTIVE) - 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.

2017-S5046 (ACTIVE) - Sponsor Memo

2017-S5046 (ACTIVE) - 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



              

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.