NY State Senate Bill 2017-S5625

Senate Bill S5625

2017-2018 Legislative Session

Requires grand jury proceedings for police officers or peace officers involved in a shooting or excessive use of force to be conducted in open, contemporaneous public hearings

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Apr 21, 2017	referred to codes

2017-S5625 (ACTIVE) - Details

See Assembly Version of this Bill:: A6162
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §190.55, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2905, A2165
2021-2022: S3548, A2376
2023-2024: S4728

2017-S5625 (ACTIVE) - Summary

Requires grand jury proceedings for police officers or peace officers involved in a shooting or excessive use of force to be conducted in open, contemporaneous public hearings.

2017-S5625 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5625

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to requiring grand jury proceedings for police officers or
peace officers involved in a shooting or excessive use of force that
led or leads to the death or personal injury of an unarmed civilian to
be conducted in open, contemporaneous public hearings; prohibiting
indictment of a police or peace officer involved in a shooting or an
incident involving excessive use of force by way of an indictment by
information; and requiring a district attorney who declines to pursue
an indictment of police or peace officers to provide a report
explaining his or her decision

 PURPOSE :

This bill would require grand jury proceedings for police officers or
peace officers involved in a shooting or excessive use of force to be
conducted in open, contemporaneous public hearings.

 SUMMARY OF PROVISIONS :

Section 1. Subdivision 1 of section 190.55 of the criminal procedure
law is amended to read as follows: (a) A grand jury may hear and
examine evidence concerning the alleged commission or 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. Grand jury proceedings for
police officers or peace officers involved in a shooting or excessive
use of force that led or leads to the death or personal injury of an
unarmed civilian shall be conducted in open, contemporaneous public
hearings. A district attorney charged with investigating police
officers or peace officers involved in a shooting or excessive use of
force that led or leads to the death or personal injury of an unarmed
civilian shall not seek indictment of the defendant officers by way of
an indictment by information. A district attorney who declines to
pursue an indictment of police officers or peace officers involved in
a shooting or excessive use of force that led or leads to the death or
personal injury of an unarmed civilian shall produce a detailed report
that describes how they reached such decision.

 EXISTING LAW :

New law

 JUSTIFICATION :

To require grand jury proceedings for police officers or peace
officers involved in a shooting or excessive use of force to be
conducted in open, contemporaneous public hearings.

 LEGISLATIVE HISTORY :

None

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.

2017-S5625 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5625
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2017
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  requiring
   grand  jury proceedings for police officers or peace officers involved
   in a shooting or excessive use of force that led or leads to the death
   or personal injury of an unarmed civilian to  be  conducted  in  open,
   contemporaneous public hearings; prohibiting indictment of a police or
   peace  officer  involved in a shooting or an incident involving exces-
   sive use of force by way of an indictment by information; and  requir-
   ing a district attorney who declines to pursue an indictment of police
   or peace officers to provide a report explaining his or her decision
 
   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) GRAND JURY PROCEEDINGS  FOR  POLICE  OFFICERS  OR  PEACE  OFFICERS
 INVOLVED  IN  A  SHOOTING OR EXCESSIVE USE OF FORCE THAT LED OR LEADS TO
 THE DEATH OR PERSONAL INJURY OF AN UNARMED CIVILIAN SHALL  BE  CONDUCTED
 IN OPEN, CONTEMPORANEOUS PUBLIC HEARINGS.
   (C)  A DISTRICT ATTORNEY CHARGED WITH INVESTIGATING POLICE OFFICERS OR
 PEACE OFFICERS INVOLVED IN A SHOOTING OR EXCESSIVE USE OF FORCE THAT LED
 OR LEADS TO THE DEATH OR PERSONAL INJURY OF AN  UNARMED  CIVILIAN  SHALL
 NOT SEEK INDICTMENT OF THE DEFENDANT OFFICERS BY WAY OF AN INDICTMENT BY
 INFORMATION.
   (D) A DISTRICT ATTORNEY WHO DECLINES TO PURSUE AN INDICTMENT OF POLICE
 OFFICERS  OR  PEACE  OFFICERS INVOLVED IN A SHOOTING OR EXCESSIVE USE OF
 FORCE THAT LED OR LEADS TO THE DEATH OR PERSONAL INJURY  OF  AN  UNARMED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00225-07-7

 S. 5625                             2
 
 CIVILIAN SHALL PRODUCE A DETAILED REPORT THAT DESCRIBES HOW THEY REACHED
 SUCH DECISION.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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