The New York State Senate

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

                                  1601

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2019
                               ___________

Introduced  by  M. of A. PERRY, MOSLEY, GOTTFRIED, GANTT, COOK, PRETLOW,
  PEOPLES-STOKES, L. ROSENTHAL, CRESPO, WEPRIN, RODRIGUEZ,  QUART,  KIM,
  PICHARDO,  WALKER, BARRON, SEAWRIGHT, JOYNER, BLAKE, JAFFEE, ABINANTI,
  D'URSO, JEAN-PIERRE, HYNDMAN, NIOU,  TAYLOR,  VANEL,  RIVERA,  ARROYO,
  HEVESI -- Multi-Sponsored by -- M. of A. CARROLL, DAVILA, ORTIZ, SIMON
  -- read once and referred to the Committee on Codes

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

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

                                                           LBD05660-01-9

A. 1601                             2

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.
  2. (A) IN ANY INVESTIGATION AND  PROSECUTION  UNDERTAKEN  PURSUANT  TO
THIS  SECTION, THE OFFICE OF SPECIAL INVESTIGATION SHALL CONDUCT A FULL,
REASONED, AND INDEPENDENT INVESTIGATION INCLUDING, BUT NOT  LIMITED  TO:
(I)  GATHERING  AND  ANALYZING  EVIDENCE; (II) CONDUCTING WITNESS INTER-
VIEWS; AND (III) REVIEWING AND COMMISSIONING ANY NECESSARY INVESTIGATIVE
AND SCIENTIFIC REPORTS, AND REVIEWING AUDIO AND VIDEO RECORDINGS.
  (B) IN ALL MATTERS PURSUANT TO SUBDIVISION ONE OF  THIS  SECTION,  THE
DEPUTY ATTORNEY GENERAL, APPOINTED PURSUANT TO SUBDIVISION THREE OF THIS
SECTION, MAY APPEAR IN PERSON OR BY ANY ASSISTANT ATTORNEY GENERAL HE OR
SHE  MAY DESIGNATE BEFORE ANY COURT OR GRAND JURY IN THE STATE AND EXER-
CISE ALL OF THE POWERS AND PERFORM ALL OF THE  DUTIES  WITH  RESPECT  TO
SUCH  ACTIONS OR PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE
BE AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  ATTORNEY  GENERAL
SHALL, WITHOUT CIVIL SERVICE EXAMINATION, APPOINT AND EMPLOY, FIX HIS OR
HER  COMPENSATION,  AND AT HIS OR HER PLEASURE REMOVE, A DEPUTY ATTORNEY
GENERAL IN CHARGE OF THE OFFICE OF SPECIAL INVESTIGATION.  THE  ATTORNEY
GENERAL  MAY, AND WITHOUT CIVIL SERVICE EXAMINATION, APPOINT AND EMPLOY,
AND AT PLEASURE REMOVE, SUCH ASSISTANT DEPUTIES, INVESTIGATORS AND OTHER
PERSONS AS HE OR SHE DEEMS NECESSARY, DETERMINE  THEIR  DUTIES  AND  FIX
THEIR COMPENSATION.
  4.  (A) WHERE AN INVESTIGATION OR PROSECUTION OF THE TYPE DESCRIBED IN
SUBDIVISION ONE OF THIS SECTION INVOLVES ACTS THAT APPEAR TO  HAVE  BEEN
ENGAGED IN BY A POLICE OFFICER OR PEACE OFFICER EMPLOYED BY THE STATE OF
NEW  YORK, THE ATTORNEY GENERAL SHALL PROMPTLY APPLY TO A SUPERIOR COURT
IN THE COUNTY IN WHICH SUCH ACTS ALLEGEDLY OCCURRED FOR THE  APPOINTMENT
OF  AN INDEPENDENT COUNSEL TO INVESTIGATE AND POTENTIALLY PROSECUTE SUCH
MATTER. NOTWITHSTANDING THE PROVISIONS OF  ANY  OTHER  LAW,  SUCH  COURT
SHALL  THEREUPON  APPOINT  A  QUALIFIED AND EXPERIENCED ATTORNEY AT LAW,
CAPABLE OF INVESTIGATING AND PROSECUTING SUCH MATTER, NOT EMPLOYED AS  A
DISTRICT  ATTORNEY,  ASSISTANT  DISTRICT  ATTORNEY OR ASSISTANT ATTORNEY
GENERAL, AND HAVING NO PERSONAL OR PROFESSIONAL CONFLICTS  OF  INTEREST,
TO  ACT  AS  AN  INDEPENDENT  COUNSEL  WITH RESPECT TO SUCH MATTER, AT A
REASONABLE AND APPROPRIATE HOURLY RATE TO BE SET BY SUCH COURT.
  (B) THE ATTORNEY GENERAL SHALL PROMPTLY NOTIFY THE STATE  COMPTROLLER,
THE  COURT  AND  THE  PUBLIC  WHEN  SUCH  APPOINTMENT  HAS BEEN MADE AND
ACCEPTED BY SUCH ATTORNEY.  REASONABLE FEES FOR ATTORNEYS  AND  INVESTI-
GATION  AND  LITIGATION  EXPENSES  SHALL  BE  PAID  BY THE STATE TO SUCH
PRIVATE COUNSEL FROM TIME TO TIME DURING THE PENDENCY  OF  THE  INVESTI-
GATION AND ANY PROSECUTION AND APPEAL, UPON THE AUDIT AND WARRANT OF THE
COMPTROLLER.  ANY  DISPUTE  WITH RESPECT TO THE PAYMENT OF SUCH FEES AND
EXPENSES SHALL BE RESOLVED BY THE COURT UPON  MOTION  OR  BY  WAY  OF  A
SPECIAL PROCEEDING.
  (C)  IN  ALL  MATTERS PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE
INDEPENDENT COUNSEL APPOINTED PURSUANT TO THIS SUBDIVISION SHALL POSSESS
AND EXERCISE THE POWERS AND DUTIES OF THE  OFFICE  OF  SPECIAL  INVESTI-
GATION  PURSUANT  TO  SUBDIVISIONS  ONE AND TWO OF THIS SECTION, AND MAY
APPEAR IN PERSON OR BY ANY ASSISTANT INDEPENDENT COUNSEL HE OR  SHE  MAY
DESIGNATE  BEFORE  ANY COURT OR GRAND JURY IN THE STATE AND EXERCISE ALL
OF THE POWERS AND PERFORM ALL OF THE DUTIES WITH RESPECT TO SUCH ACTIONS

A. 1601                             3

OR PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED
OR REQUIRED TO EXERCISE OR PERFORM.
  5. (A) WITH RESPECT TO ANY INVESTIGATION PURSUANT TO THIS SECTION, THE
OFFICE  OF SPECIAL INVESTIGATION OR THE INDEPENDENT COUNSEL, AS THE CASE
MAY BE, SHALL, AS A PART OF THE DUTIES UNDER THIS SECTION,  PREPARE  AND
PUBLICLY  RELEASE  A  REPORT ON ALL CASES WHERE: (I) THE OFFICE OR INDE-
PENDENT COUNSEL, AS THE CASE MAY BE, DECLINES TO PRESENT EVIDENCE  TO  A
GRAND  JURY  REGARDING THE DEATH OF A PERSON AS DESCRIBED IN SUBDIVISION
ONE OF THIS SECTION; OR (II)  THE  GRAND  JURY  DECLINES  TO  RETURN  AN
INDICTMENT ON ANY FELONY CHARGES.
  (B)  THE REPORT SHALL INCLUDE: (I) WITH RESPECT TO SUBPARAGRAPH (I) OF
PARAGRAPH (A) OF THIS SUBDIVISION, AN EXPLANATION AS TO WHY SUCH  OFFICE
OR  INDEPENDENT  COUNSEL  DECLINED  TO PRESENT EVIDENCE TO A GRAND JURY;
(II) WITH RESPECT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, A REPORT OF THE OUTCOME OF THE GRAND JURY PROCEEDINGS AND, TO  THE
GREATEST  EXTENT POSSIBLE, AN EXPLANATION OF THAT OUTCOME; AND (III) ANY
RECOMMENDATIONS FOR SYSTEMIC OR OTHER REFORMS ARISING FROM THE  INVESTI-
GATION.
  6.  SIX  MONTHS  AFTER  THIS SUBDIVISION TAKES EFFECT, AND ANNUALLY ON
SUCH DATE THEREAFTER, THE OFFICE OF SPECIAL INVESTIGATION SHALL ISSUE  A
REPORT,  WHICH  SHALL  BE MADE AVAILABLE TO THE PUBLIC AND POSTED ON THE
WEBSITE OF THE DEPARTMENT OF LAW, WHICH SHALL PROVIDE INFORMATION ON THE
MATTERS  INVESTIGATED  BY  SUCH  OFFICE,  AND  BY  INDEPENDENT   COUNSEL
APPOINTED  PURSUANT  TO  SUBDIVISION  FOUR  OF THIS SECTION, DURING SUCH
REPORTING PERIOD. THE INFORMATION PRESENTED SHALL INCLUDE,  BUT  NOT  BE
LIMITED  TO:  THE COUNTY AND GEOGRAPHIC LOCATION OF EACH MATTER INVESTI-
GATED; A DESCRIPTION OF THE CIRCUMSTANCES OF EACH CASE; RACIAL,  ETHNIC,
AGE,  GENDER  AND  OTHER  DEMOGRAPHIC INFORMATION CONCERNING THE PERSONS
INVOLVED OR ALLEGED TO BE INVOLVED;  INFORMATION  CONCERNING  WHETHER  A
CRIMINAL  CHARGE  OR  CHARGES  WERE FILED AGAINST ANY PERSON INVOLVED OR
ALLEGED TO BE INVOLVED IN SUCH MATTER; THE NATURE OF SUCH  CHARGES;  AND
THE STATUS OR, WHERE APPLICABLE, OUTCOME WITH RESPECT TO ALL SUCH CRIMI-
NAL  CHARGES.  SUCH  REPORT  SHALL  ALSO INCLUDE RECOMMENDATIONS FOR ANY
SYSTEMIC OR OTHER REFORMS RECOMMENDED  AS  A  RESULT  OF  SUCH  INVESTI-
GATIONS.
  §  2. Subdivision 6 of section 190.25 of the criminal procedure law is
amended to read as follows:
  6. (A) The legal advisors of the grand jury  are  the  court  and  the
district  attorney,  and  the  grand  jury may not seek or receive legal
advice from any other source.  Where necessary or appropriate, the court
or the district attorney, or both, must instruct the grand jury concern-
ing the law with respect to its duties or any matter before it, and such
instructions must be recorded in the minutes.
  (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION,  OR  ANY  OTHER
LAW TO THE CONTRARY, IN ANY PROCEEDING BEFORE A GRAND JURY THAT INVOLVES
THE  SUBMISSION  OF  A  CRIMINAL  CHARGE  OR CHARGES AGAINST A PERSON OR
PERSONS FOR AN ACT OR ACTS THAT OCCURRED AT A TIME WHEN SUCH PERSON  WAS
A  POLICE  OFFICER  OR  PEACE OFFICER, AND THAT CONCERN THE DEATH OF ANY
PERSON THAT RESULTED FROM OR POTENTIALLY  RESULTED  FROM  ANY  ENCOUNTER
WITH SUCH POLICE OFFICER OR PEACE OFFICER, THE COURT, AFTER CONSULTATION
ON  THE  RECORD WITH THE PROSECUTOR, SHALL INSTRUCT THE GRAND JURY AS TO
THE CRIMINAL CHARGE OR CHARGES TO BE SUBMITTED AND THE LAW APPLICABLE TO
SUCH CHARGES AND TO THE MATTERS BEFORE SUCH GRAND JURY.  THEREAFTER, ANY
QUESTIONS, REQUESTS FOR EXHIBITS, REQUESTS FOR READBACK OF TESTIMONY  OR
OTHER REQUESTS FROM THE GRAND JURY OR A MEMBER THEREOF SHALL BE PROVIDED

A. 1601                             4

TO  THE  COURT,  AND  ADDRESSED  BY  THE COURT AFTER CONSULTATION ON THE
RECORD WITH THE PROSECUTOR.
  (C)  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  FOUR  OF  THIS
SECTION, OR ANY OTHER LAW TO THE CONTRARY, FOLLOWING FINAL ACTION BY THE
GRAND JURY ON THE CHARGE OR CHARGES SUBMITTED PURSUANT TO PARAGRAPH  (B)
OF  THIS  SUBDIVISION,  THE COURT SHALL MAKE SUCH LEGAL INSTRUCTIONS AND
CHARGES SUBMITTED TO SUCH GRAND JURY AVAILABLE TO THE PUBLIC ON REQUEST,
PROVIDED THAT THE NAMES OF WITNESSES  AND  ANY  INFORMATION  THAT  WOULD
IDENTIFY  SUCH  WITNESSES INCLUDED IN SUCH LEGAL INSTRUCTIONS OR CHARGES
SHALL BE REDACTED WHEN THE COURT DETERMINES, IN A WRITTEN ORDER RELEASED
TO THE PUBLIC, AND ISSUED AFTER NOTICE TO THE PEOPLE AND  THE  REQUESTER
AND  AN  OPPORTUNITY  TO  BE  HEARD AND REASONABLE EFFORTS TO NOTIFY AND
PROVIDE AN OPPORTUNITY TO BE HEARD TO ANY OTHER  APPROPRIATE  PERSON  OR
AGENCY,  THAT  THERE  IS  A REASONABLE LIKELIHOOD THAT PUBLIC RELEASE OF
SUCH INFORMATION WOULD ENDANGER ANY INDIVIDUAL.
  (D) NOTHING IN THIS PARAGRAPH OR PARAGRAPHS (B) OR (C) OF THIS  SUBDI-
VISION SHALL BE INTERPRETED AS LIMITING OR RESTRICTING ANY BROADER RIGHT
OF  ACCESS  TO  GRAND  JURY MATERIALS UNDER ANY OTHER LAW, COMMON LAW OR
COURT PRECEDENT.
  § 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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

                                 1601--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2019
                               ___________

Introduced  by  M. of A. PERRY, MOSLEY, GOTTFRIED, GANTT, COOK, PRETLOW,
  PEOPLES-STOKES, L. ROSENTHAL, CRESPO, WEPRIN, RODRIGUEZ,  QUART,  KIM,
  PICHARDO,  WALKER, BARRON, SEAWRIGHT, JOYNER, BLAKE, JAFFEE, ABINANTI,
  D'URSO, JEAN-PIERRE, HYNDMAN, NIOU,  TAYLOR,  VANEL,  RIVERA,  ARROYO,
  ZEBROWSKI,  FRONTUS, CRUZ, AUBRY, FERNANDEZ, DE LA ROSA -- Multi-Spon-
  sored by -- M. of A. CARROLL, DAVILA, ORTIZ, SIMON --  read  once  and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

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

                                                           LBD05660-02-9

A. 1601--A                          2

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.
  2. (A) IN ANY INVESTIGATION AND  PROSECUTION  UNDERTAKEN  PURSUANT  TO
THIS  SECTION, THE OFFICE OF SPECIAL INVESTIGATION SHALL CONDUCT A FULL,
REASONED, AND INDEPENDENT INVESTIGATION INCLUDING, BUT NOT  LIMITED  TO:
(I)  GATHERING  AND  ANALYZING  EVIDENCE; (II) CONDUCTING WITNESS INTER-
VIEWS; AND (III) REVIEWING AND COMMISSIONING ANY NECESSARY INVESTIGATIVE
AND SCIENTIFIC REPORTS, AND REVIEWING AUDIO AND VIDEO RECORDINGS.
  (B) IN ALL MATTERS PURSUANT TO SUBDIVISION ONE OF  THIS  SECTION,  THE
DEPUTY ATTORNEY GENERAL, APPOINTED PURSUANT TO SUBDIVISION THREE OF THIS
SECTION, MAY APPEAR IN PERSON OR BY ANY ASSISTANT ATTORNEY GENERAL HE OR
SHE  MAY DESIGNATE BEFORE ANY COURT OR GRAND JURY IN THE STATE AND EXER-
CISE ALL OF THE POWERS AND PERFORM ALL OF THE  DUTIES  WITH  RESPECT  TO
SUCH  ACTIONS OR PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE
BE AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  ATTORNEY  GENERAL
SHALL, WITHOUT CIVIL SERVICE EXAMINATION, APPOINT AND EMPLOY, FIX HIS OR
HER  COMPENSATION,  AND AT HIS OR HER PLEASURE REMOVE, A DEPUTY ATTORNEY
GENERAL IN CHARGE OF THE OFFICE OF SPECIAL INVESTIGATION.  THE  ATTORNEY
GENERAL  MAY, AND WITHOUT CIVIL SERVICE EXAMINATION, APPOINT AND EMPLOY,
AND AT PLEASURE REMOVE, SUCH ASSISTANT DEPUTIES, INVESTIGATORS AND OTHER
PERSONS AS HE OR SHE DEEMS NECESSARY, DETERMINE  THEIR  DUTIES  AND  FIX
THEIR COMPENSATION.
  4.  (A) WHERE AN INVESTIGATION OR PROSECUTION OF THE TYPE DESCRIBED IN
SUBDIVISION ONE OF THIS SECTION INVOLVES ACTS THAT APPEAR TO  HAVE  BEEN
ENGAGED IN BY A POLICE OFFICER OR PEACE OFFICER EMPLOYED BY THE STATE OF
NEW  YORK, THE ATTORNEY GENERAL SHALL PROMPTLY APPLY TO A SUPERIOR COURT
IN THE COUNTY IN WHICH SUCH ACTS ALLEGEDLY OCCURRED FOR THE  APPOINTMENT
OF  AN INDEPENDENT COUNSEL TO INVESTIGATE AND POTENTIALLY PROSECUTE SUCH
MATTER. NOTWITHSTANDING THE PROVISIONS OF  ANY  OTHER  LAW,  SUCH  COURT
SHALL  THEREUPON  APPOINT  A  QUALIFIED AND EXPERIENCED ATTORNEY AT LAW,
CAPABLE OF INVESTIGATING AND PROSECUTING SUCH MATTER, NOT EMPLOYED AS  A
DISTRICT  ATTORNEY,  ASSISTANT  DISTRICT  ATTORNEY OR ASSISTANT ATTORNEY
GENERAL, AND HAVING NO PERSONAL OR PROFESSIONAL CONFLICTS  OF  INTEREST,
TO  ACT  AS  AN  INDEPENDENT  COUNSEL  WITH RESPECT TO SUCH MATTER, AT A
REASONABLE AND APPROPRIATE HOURLY RATE TO BE SET BY SUCH COURT.
  (B) THE ATTORNEY GENERAL SHALL PROMPTLY NOTIFY THE STATE  COMPTROLLER,
THE  COURT  AND  THE  PUBLIC  WHEN  SUCH  APPOINTMENT  HAS BEEN MADE AND
ACCEPTED BY SUCH ATTORNEY.  REASONABLE FEES FOR ATTORNEYS  AND  INVESTI-
GATION  AND  LITIGATION  EXPENSES  SHALL  BE  PAID  BY THE STATE TO SUCH
PRIVATE COUNSEL FROM TIME TO TIME DURING THE PENDENCY  OF  THE  INVESTI-
GATION AND ANY PROSECUTION AND APPEAL, UPON THE AUDIT AND WARRANT OF THE
COMPTROLLER.  ANY  DISPUTE  WITH RESPECT TO THE PAYMENT OF SUCH FEES AND
EXPENSES SHALL BE RESOLVED BY THE COURT UPON  MOTION  OR  BY  WAY  OF  A
SPECIAL PROCEEDING.
  (C)  IN  ALL  MATTERS PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE
INDEPENDENT COUNSEL APPOINTED PURSUANT TO THIS SUBDIVISION SHALL POSSESS
AND EXERCISE THE POWERS AND DUTIES OF THE  OFFICE  OF  SPECIAL  INVESTI-
GATION  PURSUANT  TO  SUBDIVISIONS  ONE AND TWO OF THIS SECTION, AND MAY

A. 1601--A                          3

APPEAR IN PERSON OR BY ANY ASSISTANT INDEPENDENT COUNSEL HE OR  SHE  MAY
DESIGNATE  BEFORE  ANY COURT OR GRAND JURY IN THE STATE AND EXERCISE ALL
OF THE POWERS AND PERFORM ALL OF THE DUTIES WITH RESPECT TO SUCH ACTIONS
OR PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED
OR REQUIRED TO EXERCISE OR PERFORM.
  5. (A) WITH RESPECT TO ANY INVESTIGATION PURSUANT TO THIS SECTION, THE
OFFICE  OF SPECIAL INVESTIGATION OR THE INDEPENDENT COUNSEL, AS THE CASE
MAY BE, SHALL, AS A PART OF THE DUTIES UNDER THIS SECTION,  PREPARE  AND
PUBLICLY  RELEASE  A  REPORT ON ALL CASES WHERE: (I) THE OFFICE OR INDE-
PENDENT COUNSEL, AS THE CASE MAY BE, DECLINES TO PRESENT EVIDENCE  TO  A
GRAND  JURY  REGARDING THE DEATH OF A PERSON AS DESCRIBED IN SUBDIVISION
ONE OF THIS SECTION; OR (II)  THE  GRAND  JURY  DECLINES  TO  RETURN  AN
INDICTMENT ON ANY FELONY CHARGES.
  (B)  THE REPORT SHALL INCLUDE: (I) WITH RESPECT TO SUBPARAGRAPH (I) OF
PARAGRAPH (A) OF THIS SUBDIVISION, AN EXPLANATION AS TO WHY SUCH  OFFICE
OR  INDEPENDENT  COUNSEL  DECLINED  TO PRESENT EVIDENCE TO A GRAND JURY;
(II) WITH RESPECT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, A REPORT OF THE OUTCOME OF THE GRAND JURY PROCEEDINGS AND, TO  THE
GREATEST  EXTENT POSSIBLE, AN EXPLANATION OF THAT OUTCOME; AND (III) ANY
RECOMMENDATIONS FOR SYSTEMIC OR OTHER REFORMS ARISING FROM THE  INVESTI-
GATION.
  6.  SIX  MONTHS  AFTER  THIS SUBDIVISION TAKES EFFECT, AND ANNUALLY ON
SUCH DATE THEREAFTER, THE OFFICE OF SPECIAL INVESTIGATION SHALL ISSUE  A
REPORT,  WHICH  SHALL  BE MADE AVAILABLE TO THE PUBLIC AND POSTED ON THE
WEBSITE OF THE DEPARTMENT OF LAW, WHICH SHALL PROVIDE INFORMATION ON THE
MATTERS  INVESTIGATED  BY  SUCH  OFFICE,  AND  BY  INDEPENDENT   COUNSEL
APPOINTED  PURSUANT  TO  SUBDIVISION  FOUR  OF THIS SECTION, DURING SUCH
REPORTING PERIOD. THE INFORMATION PRESENTED SHALL INCLUDE,  BUT  NOT  BE
LIMITED  TO:  THE COUNTY AND GEOGRAPHIC LOCATION OF EACH MATTER INVESTI-
GATED; A DESCRIPTION OF THE CIRCUMSTANCES OF EACH CASE; RACIAL,  ETHNIC,
AGE,  GENDER  AND  OTHER  DEMOGRAPHIC INFORMATION CONCERNING THE PERSONS
INVOLVED OR ALLEGED TO BE INVOLVED;  INFORMATION  CONCERNING  WHETHER  A
CRIMINAL  CHARGE  OR  CHARGES  WERE FILED AGAINST ANY PERSON INVOLVED OR
ALLEGED TO BE INVOLVED IN SUCH MATTER; THE NATURE OF SUCH  CHARGES;  AND
THE STATUS OR, WHERE APPLICABLE, OUTCOME WITH RESPECT TO ALL SUCH CRIMI-
NAL  CHARGES.  SUCH  REPORT  SHALL  ALSO INCLUDE RECOMMENDATIONS FOR ANY
SYSTEMIC OR OTHER REFORMS RECOMMENDED  AS  A  RESULT  OF  SUCH  INVESTI-
GATIONS.
  §  2. Subdivision 6 of section 190.25 of the criminal procedure law is
amended to read as follows:
  6. (A) The legal advisors of the grand jury  are  the  court  and  the
district  attorney,  and  the  grand  jury may not seek or receive legal
advice from any other source.  Where necessary or appropriate, the court
or the district attorney, or both, must instruct the grand jury concern-
ing the law with respect to its duties or any matter before it, and such
instructions must be recorded in the minutes.
  (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION,  OR  ANY  OTHER
LAW TO THE CONTRARY, IN ANY PROCEEDING BEFORE A GRAND JURY THAT INVOLVES
THE  SUBMISSION  OF  A  CRIMINAL  CHARGE  OR CHARGES AGAINST A PERSON OR
PERSONS FOR AN ACT OR ACTS THAT OCCURRED AT A TIME WHEN SUCH PERSON  WAS
A  POLICE  OFFICER  OR  PEACE OFFICER, AND THAT CONCERN THE DEATH OF ANY
PERSON THAT RESULTED FROM OR POTENTIALLY  RESULTED  FROM  ANY  ENCOUNTER
WITH SUCH POLICE OFFICER OR PEACE OFFICER, THE COURT, AFTER CONSULTATION
ON  THE  RECORD WITH THE PROSECUTOR, SHALL INSTRUCT THE GRAND JURY AS TO
THE CRIMINAL CHARGE OR CHARGES TO BE SUBMITTED AND THE LAW APPLICABLE TO
SUCH CHARGES AND TO THE MATTERS BEFORE SUCH GRAND JURY.  THEREAFTER, ANY

A. 1601--A                          4

QUESTIONS, REQUESTS FOR EXHIBITS, REQUESTS FOR READBACK OF TESTIMONY  OR
OTHER REQUESTS FROM THE GRAND JURY OR A MEMBER THEREOF SHALL BE PROVIDED
TO  THE  COURT,  AND  ADDRESSED  BY  THE COURT AFTER CONSULTATION ON THE
RECORD WITH THE PROSECUTOR.
  (C)  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  FOUR  OF  THIS
SECTION, OR ANY OTHER LAW TO THE CONTRARY, FOLLOWING FINAL ACTION BY THE
GRAND JURY ON THE CHARGE OR CHARGES SUBMITTED PURSUANT TO PARAGRAPH  (B)
OF  THIS  SUBDIVISION,  THE COURT SHALL MAKE SUCH LEGAL INSTRUCTIONS AND
CHARGES SUBMITTED TO SUCH GRAND JURY AVAILABLE TO THE PUBLIC ON REQUEST,
PROVIDED THAT THE NAMES OF WITNESSES  AND  ANY  INFORMATION  THAT  WOULD
IDENTIFY  SUCH  WITNESSES INCLUDED IN SUCH LEGAL INSTRUCTIONS OR CHARGES
SHALL BE REDACTED WHEN THE COURT DETERMINES, IN A WRITTEN ORDER RELEASED
TO THE PUBLIC, AND ISSUED AFTER NOTICE TO THE PEOPLE AND  THE  REQUESTER
AND  AN  OPPORTUNITY  TO  BE  HEARD AND REASONABLE EFFORTS TO NOTIFY AND
PROVIDE AN OPPORTUNITY TO BE HEARD TO ANY OTHER  APPROPRIATE  PERSON  OR
AGENCY,  THAT  THERE  IS  A REASONABLE LIKELIHOOD THAT PUBLIC RELEASE OF
SUCH INFORMATION WOULD ENDANGER ANY INDIVIDUAL.
  (D) NOTHING IN THIS PARAGRAPH OR PARAGRAPHS (B) OR (C) OF THIS  SUBDI-
VISION SHALL BE INTERPRETED AS LIMITING OR RESTRICTING ANY BROADER RIGHT
OF  ACCESS  TO  GRAND  JURY MATERIALS UNDER ANY OTHER LAW, COMMON LAW OR
COURT PRECEDENT.
  § 3. This act shall take effect on the first of April next  succeeding
the date upon which it shall have become a law.

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

                                 1601--B

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2019
                               ___________

Introduced  by  M. of A. PERRY, MOSLEY, GOTTFRIED, GANTT, COOK, PRETLOW,
  PEOPLES-STOKES, L. ROSENTHAL, CRESPO, WEPRIN, RODRIGUEZ,  QUART,  KIM,
  PICHARDO,  WALKER, BARRON, SEAWRIGHT, JOYNER, BLAKE, JAFFEE, ABINANTI,
  D'URSO, JEAN-PIERRE, HYNDMAN, NIOU,  TAYLOR,  VANEL,  RIVERA,  ARROYO,
  ZEBROWSKI,  FRONTUS,  CRUZ,  AUBRY,  FERNANDEZ,  DE LA ROSA,  EPSTEIN,
  REYES, RICHARDSON, O'DONNELL, SIMOTAS, SIMON, ROZIC,  HUNTER,  WRIGHT,
  ORTIZ, OTIS, LENTOL, DenDEKKER, BARNWELL, BICHOTTE, GLICK, MAGNARELLI,
  DAVILA,  STECK  -- Multi-Sponsored by -- M. of A. CARROLL -- read once
  and referred to the Committee on Codes -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported and referred to the Committee on  Ways  and  Means  --
  recommitted  to  the  Committee  on  Ways and Means in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the executive law, in relation to creating an office  of
  special investigation within the office of the attorney general

  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 ESTABLISHED
WITHIN  THE OFFICE OF THE ATTORNEY GENERAL AN OFFICE OF SPECIAL INVESTI-
GATION. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  THE  OFFICE  OF
SPECIAL  INVESTIGATION  SHALL  HAVE INVESTIGATIVE AUTHORITY AND CRIMINAL
JURISDICTION OF ANY INCIDENT IN WHICH THE DEATH OF A PERSON, WHETHER  IN
CUSTODY OR NOT, IS CAUSED BY 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 TWENTY-FIVE OF  SECTION  2.10  OF  THE
CRIMINAL PROCEDURE LAW, WHETHER OR NOT FORMALLY ON DUTY, OR IN WHICH THE
ATTORNEY GENERAL DETERMINES THERE IS A SIGNIFICANT QUESTION AS TO WHETH-
ER THE DEATH WAS IN FACT CAUSED BY SUCH POLICE OFFICER OR PEACE OFFICER;

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

                                                           LBD05660-07-0

A. 1601--B                          2

PROVIDED THE OFFICE OF SPECIAL INVESTIGATION SHALL INVESTIGATE ANY DEATH
UNDER  ITS  JURISDICTION OF A PERSON WHO WAS UNARMED AT THE TIME OF SUCH
INCIDENT OR IN WHICH THE ATTORNEY GENERAL DETERMINES THERE IS A  SIGNIF-
ICANT QUESTION AS TO WHETHER THE PERSON WAS IN FACT ARMED.
  2.  THE  ATTORNEY  GENERAL  HAS  INVESTIGATIVE  AUTHORITY AND CRIMINAL
JURISDICTION UNDER THIS SECTION AT THE TIME OF  THE DEATH OF THE  PERSON
AND  THE  ATTORNEY  GENERAL RETAINS INVESTIGATIVE AUTHORITY AND CRIMINAL
JURISDICTION OVER THE INCIDENT UNLESS THE  ATTORNEY  GENERAL  DETERMINES
THAT  SUCH  INCIDENT  DOES NOT MEET THE REQUIREMENTS OF THIS SECTION. IF
THE ATTORNEY GENERAL DETERMINES THE INCIDENT DOES NOT MEET THE  REQUIRE-
MENTS FOR THE ATTORNEY GENERAL TO HAVE INVESTIGATIVE AUTHORITY AND CRIM-
INAL  JURISDICTION PURSUANT TO THIS SECTION, THE ATTORNEY GENERAL SHALL,
AS SOON AS PRACTICABLE, PROVIDE WRITTEN NOTICE OF SUCH DETERMINATION  TO
THE DISTRICT ATTORNEY FOR THE COUNTY IN WHICH THE INCIDENT OCCURRED.
  3.  IN  CONNECTION  WITH  ANY  PARTICULAR INCIDENT ENCOMPASSED BY THIS
SECTION, THE ATTORNEY GENERAL SHALL BE EMPOWERED TO SUBPOENA  WITNESSES,
COMPEL  THEIR  ATTENDANCE,  EXAMINE  THEM  UNDER  OATH BEFORE HIMSELF OR
HERSELF OR A MAGISTRATE AND REQUIRE THAT ANY BOOKS,  RECORDS,  DOCUMENTS
OR  PAPERS  RELEVANT OR MATERIAL TO THE INQUIRY BE TURNED OVER TO HIM OR
HER FOR INSPECTION, EXAMINATION OR AUDIT, PURSUANT TO THE CIVIL PRACTICE
LAW AND RULES, IN CONNECTION WITH SUCH INCIDENT.
  4. THE ATTORNEY GENERAL SHALL  HAVE  CRIMINAL  JURISDICTION  OVER  ANY
CRIMINAL  CONDUCT  ARISING  FROM ANY INCIDENT HEREIN, AND SHALL EXERCISE
ALL OF THE POWERS AND PERFORM ALL OF THE DUTIES  WITH  RESPECT  TO  SUCH
ACTIONS  OR  PROCEEDINGS  THAT  A  DISTRICT  ATTORNEY WOULD OTHERWISE BE
AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM, INCLUDING ALL THE  POWERS
NECESSARY TO PROSECUTE ACTS AND OMISSIONS AND ALLEGED ACTS AND OMISSIONS
TO OBSTRUCT, HINDER OR INTERFERE WITH ANY INQUIRY, PROSECUTION, TRIAL OR
JUDGMENT  ARISING  FROM  THE  INCIDENT. THE CRIMINAL JURISDICTION OF THE
OFFICE OF SPECIAL INVESTIGATION SHALL DISPLACE AND SUPERSEDE THE  JURIS-
DICTION  OF  THE DISTRICT ATTORNEY WHERE THE INCIDENT OCCURRED; AND SUCH
DISTRICT ATTORNEY SHALL ONLY HAVE THE POWERS AND DUTIES RESERVED TO  HIM
OR HER IN WRITING BY THE ATTORNEY GENERAL.
  5.  THE ATTORNEY GENERAL SHALL DESIGNATE A DEPUTY ATTORNEY GENERAL FOR
SPECIAL INVESTIGATION TO EXERCISE THE POWERS AND DUTIES OF THE OFFICE OF
SPECIAL INVESTIGATION, WHO SHALL BE IN THE EXEMPT  CLASS  OF  THE  CIVIL
SERVICE.   THE DEPUTY ATTORNEY GENERAL MAY DESIGNATE DEPUTIES OR ASSIST-
ANTS, WHO SHALL BE IN THE EXEMPT CLASS OF THE CIVIL SERVICE,  AS  NECES-
SARY  AND  APPROPRIATE.    THE  OTHER EMPLOYEES OF THE OFFICE OF SPECIAL
INVESTIGATION WITHIN THE  DEPARTMENT  OF  LAW,  WHO  ARE  NOT  OTHERWISE
EXEMPT,  SHALL  ALL BE IN THE COMPETITIVE CLASS OF THE CIVIL SERVICE AND
SHALL BE CONSIDERED FOR  PURPOSES  OF  ARTICLE  FOURTEEN  OF  THE  CIVIL
SERVICE  LAW  TO  BE PUBLIC EMPLOYEES IN THE CIVIL SERVICE OF THE STATE,
AND SHALL BE ASSIGNED TO THE  APPROPRIATE  COLLECTIVE  BARGAINING  UNIT.
EMPLOYEES SERVING IN POSITIONS IN NEWLY CREATED TITLES SHALL BE ASSIGNED
TO THE SAME COLLECTIVE BARGAINING UNITS AS THEY WOULD HAVE BEEN ASSIGNED
TO  WERE SUCH TITLES CREATED PRIOR TO THE ESTABLISHMENT OF THE OFFICE OF
SPECIAL INVESTIGATION WITHIN THE DEPARTMENT OF LAW BY THIS CHAPTER.  THE
DEPUTY ATTORNEY GENERAL FOR SPECIAL INVESTIGATION MAY APPEAR AND CONDUCT
PROCEEDINGS  IN  PERSON  OR BY HIS OR HER DEPUTY OR ASSISTANT BEFORE ANY
COURT OR GRAND JURY IN CONNECTION WITH PROCEEDINGS UNDER THIS SECTION.
  6. FOR ANY INCIDENT UNDER THIS SECTION, THE OFFICE OF SPECIAL INVESTI-
GATION SHALL ISSUE A PUBLIC REPORT AND POST THE REPORT  ON  ITS  WEBSITE
WHENEVER  THE OFFICE OF SPECIAL INVESTIGATION INITIATES AN INVESTIGATION
AND (I) THE OFFICE OF SPECIAL INVESTIGATION DECLINES TO PRESENT EVIDENCE
TO A GRAND JURY OR (II) THE OFFICE OF SPECIAL INVESTIGATION DOES PRESENT

A. 1601--B                          3

EVIDENCE TO A GRAND JURY BUT THE GRAND JURY DECLINES TO  RETURN  INDICT-
MENT ON ANY CHARGES. THE REPORT WILL INCLUDE, TO THE EXTENT POSSIBLE AND
LAWFUL, THE RESULTS OF THE INVESTIGATION OF THE INCIDENT.
  7.    SIX  MONTHS AFTER THIS SUBDIVISION TAKES EFFECT, AND ANNUALLY ON
SUCH DATE THEREAFTER, THE OFFICE OF SPECIAL INVESTIGATION SHALL ISSUE  A
REPORT,  WHICH  SHALL  BE MADE AVAILABLE TO THE PUBLIC AND POSTED ON THE
WEBSITE OF THE DEPARTMENT OF LAW, WHICH SHALL PROVIDE INFORMATION ON THE
MATTERS INVESTIGATED BY SUCH OFFICE DURING SUCH  REPORTING  PERIOD.  THE
INFORMATION  PRESENTED  SHALL INCLUDE, BUT NOT BE LIMITED TO: THE COUNTY
AND GEOGRAPHIC LOCATION OF EACH MATTER INVESTIGATED;  A  DESCRIPTION  OF
THE  CIRCUMSTANCES  OF  EACH CASE; RACIAL, ETHNIC, AGE, GENDER AND OTHER
DEMOGRAPHIC INFORMATION CONCERNING THE PERSONS INVOLVED OR ALLEGED TO BE
INVOLVED; INFORMATION CONCERNING WHETHER A CRIMINAL  CHARGE  OR  CHARGES
WERE FILED AGAINST ANY PERSON INVOLVED OR ALLEGED TO BE INVOLVED IN SUCH
MATTER; THE NATURE OF SUCH CHARGES; AND THE STATUS OR, WHERE APPLICABLE,
OUTCOME  WITH  RESPECT  TO  ALL SUCH CRIMINAL CHARGES. SUCH REPORT SHALL
ALSO INCLUDE RECOMMENDATIONS FOR ANY SYSTEMIC OR  OTHER  REFORMS  RECOM-
MENDED AS A RESULT OF SUCH INVESTIGATIONS.
  § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  § 3. This act shall take effect April 1, 2021.