Assembly Bill A10038

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10038
 
                           I N  A S S E M B L Y
 
                               March 4, 2020
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   "Malcolm  X unsolved civil rights crime act of 2020"; making an appro-
   priation therefor; and providing for the  repeal  of  such  provisions
   upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Malcolm X unsolved civil rights crime act of 2020".
   §  2. Legislative findings and purpose. The legislature finds that all
 authorities with jurisdiction, including the department of law  and  the
 division  of state police, should (i) expeditiously investigate unsolved
 civil rights murders, due to the amount of time that  has  passed  since
 the murders and the age of potential witnesses; and (ii) provide all the
 resources  necessary to ensure timely and thorough investigations in the
 cases involved with such.
   § 3. The executive law is amended by adding a new section 68  to  read
 as follows:
   §  68.  CIVIL RIGHTS INVESTIGATIONS. 1. THE ASSISTANT ATTORNEY GENERAL
 OF THE CIVIL  RIGHTS  BUREAU  SHALL  BE  RESPONSIBLE  FOR  INVESTIGATING
 VIOLATIONS  OF  CRIMINAL  CIVIL  RIGHTS STATUTES THAT OCCURRED NOT LATER
 THAN DECEMBER THIRTY-FIRST, NINETEEN HUNDRED SEVENTY-NINE, AND  RESULTED
 IN A DEATH.
   2.  WHEN INVESTIGATING SUCH COMPLAINTS, THE ASSISTANT ATTORNEY GENERAL
 MAY COORDINATE THE INVESTIGATIVE ACTIVITIES WITH  STATE  AND  LOCAL  LAW
 ENFORCEMENT OFFICIALS.
   3.  THE  ATTORNEY  GENERAL SHALL ANNUALLY CONDUCT A STUDY OF THE CASES
 UNDER THE JURISDICTION OF THE ASSISTANT ATTORNEY GENERAL  OF  THE  CIVIL
 RIGHTS BUREAU.
   (A)  SUCH STUDY SHALL INCLUDE:
   (I) THE NUMBER OF OPEN INVESTIGATIONS WITHIN THE DEPARTMENT OF LAW FOR
 VIOLATIONS  OF  CRIMINAL  CIVIL  RIGHTS STATUTES THAT OCCURRED NOT LATER
 THAN DECEMBER THIRTY-FIRST, NINETEEN HUNDRED SEVENTY-NINE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15398-01-0

 A. 10038                            2
 
   (II) THE NUMBER OF NEW CASES OPENED PURSUANT TO THIS SECTION SINCE THE
 PREVIOUS YEAR'S STUDY;
   (III)  THE  NUMBER  OF UNSEALED FEDERAL, STATE AND LOCAL CASES CHARGED
 WITHIN THE STUDY PERIOD, INCLUDING THE CASE NAMES, THE  JURISDICTION  IN
 WHICH THE CHARGES WERE BROUGHT, AND THE DATE THE CHARGES WERE FILED;
   (IV)  THE NUMBER OF CASES REFERRED BY THE DEPARTMENT OF LAW TO A STATE
 OR LOCAL LAW ENFORCEMENT AGENCY OR PROSECUTOR WITHIN THE  STUDY  PERIOD,
 THE NUMBER OF SUCH CASES THAT RESULTED IN STATE CHARGES BEING FILED, THE
 JURISDICTION  IN  WHICH  SUCH  CHARGES WERE FILED, THE DATE SUCH CHARGES
 WERE FILED, AND WHETHER OR NOT A JURISDICTION DECLINED TO  PROSECUTE  OR
 PARTICIPATE IN AN INVESTIGATION OF A CASE SO REFERRED;
   (V) THE NUMBER OF CASES WITHIN THE STUDY PERIOD THAT WERE CLOSED WITH-
 OUT  FEDERAL,  STATE,  OR  LOCAL PROSECUTION, THE CASE NAMES OF UNSEALED
 FEDERAL, STATE AND LOCAL CASES, THE DATES SUCH CASES  WERE  CLOSED,  AND
 THE RELEVANT FEDERAL, STATE AND LOCAL STATUTES;
   (VI)  THE  NUMBER OF ATTORNEYS WHO WORKED, IN WHOLE OR IN PART, ON ANY
 CASE THAT QUALIFIES UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH; AND
   (VII) THE NUMBER OF REQUESTS BY STATE AND LOCAL  LAW  ENFORCEMENT  FOR
 ADDITIONAL FUNDS TO INVESTIGATE MATTERS UNDER THIS SECTION IN ACCORDANCE
 WITH  SUBDIVISION  FOUR OF THIS SECTION, THE AMOUNT OF SUCH REQUESTS, IF
 SUCH REQUESTS WERE FULFILLED AND THE PURPOSES FOR WHICH  SUCH  REQUESTED
 MONEY WAS EXPENDED.
   (B)  NO LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION
 AND EVERY YEAR THEREAFTER, THE ATTORNEY GENERAL SHALL PREPARE  A  REPORT
 WITH  THE  INFORMATION COLLECTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION
 OF THIS SECTION AND SUBMIT SUCH REPORT TO THE  GOVERNOR,  THE  TEMPORARY
 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.
   4.  OUT OF MONIES APPROPRIATED TO INVESTIGATE AND PROSECUTE VIOLATIONS
 OF CRIMINAL CIVIL RIGHTS STATUTES UNDER THIS SECTION, UP TO ONE  MILLION
 DOLLARS MAY BE ALLOCATED TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES FOR
 EXPENSES ASSOCIATED WITH SUCH INVESTIGATIONS.
   5.  FOR  THE  PURPOSES OF THIS SECTION, CRIMINAL CIVIL RIGHTS STATUTES
 SHALL INCLUDE:
   (A) SECTION 241 OF TITLE 18 OF THE UNITED  STATES  CODE,  RELATING  TO
 CONSPIRACY AGAINST RIGHTS;
   (B)  SECTION  242  OF  TITLE 18 OF THE UNITED STATES CODE, RELATING TO
 DEPRIVATION OF RIGHTS UNDER COLOR OF LAW;
   (C) SECTION 245 OF TITLE 18 OF THE UNITED  STATES  CODE,  RELATING  TO
 FEDERALLY PROTECTED ACTIVITIES;
   (D)  SECTIONS  1581  AND  1584  OF TITLE 18 OF THE UNITED STATES CODE,
 RELATING TO INVOLUNTARY SERVITUDE AND PEONAGE;
   (E) SECTION 901 (42 U.S.C. 3631) OF THE FEDERAL FAIR  HOUSING  ACT  OF
 1988; AND
   (F) ANY OTHER FEDERAL LAW THAT (I) WAS IN EFFECT ON OR BEFORE DECEMBER
 THIRTY-FIRST,  NINETEEN  HUNDRED  SEVENTY-NINE;  AND  (II)  THE CRIMINAL
 SECTION OF THE CIVIL  RIGHTS  DIVISION  OF  THE  DEPARTMENT  OF  JUSTICE
 ENFORCED, BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   §  4.  The sum of two million dollars ($2,000,000), or so much thereof
 as may be necessary, is hereby appropriated every  fiscal  year  to  the
 department of law out of any moneys in the state treasury in the general
 fund  to  the credit of the civil rights bureau, not otherwise appropri-
 ated, and made immediately available, for the purpose  of  carrying  out
 the  provisions  of  this act. Such moneys shall be payable on the audit
 and warrant of the comptroller on vouchers certified or approved.
   § 5. This act shall take effect immediately and shall  expire  and  be
 deemed repealed twelve years after such date.