Assembly Bill A9038

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9038
 
                           I N  A S S E M B L Y
 
                             January 10, 2020
                                ___________
 
 Introduced by M. of A. TAYLOR -- read once and referred to the Committee
   on Codes
 
 AN ACT in relation to appointing a special prosecutor to investigate and
   prosecute matters involving the death of an unarmed civilian caused by
   a law enforcement officer
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 1. The governor, by and with the advice and consent of  the
 senate, shall within 30 days of the effective date of this act appoint a
 special  prosecutor to investigate and prosecute any death of an unarmed
 civilian caused by a police officer, as defined  in  subdivision  34  of
 section 1.20 of the criminal procedure law. The special prosecutor shall
 serve for a term of 3 years unless removed by the governor, after notice
 and  an  opportunity for a hearing, and then only for one or more of the
 following reasons: permanent disability which renders the special prose-
 cutor incapable of performing the duties of his  or  her  office;  gross
 inefficiency, typified by a lack of ability to properly conduct investi-
 gations  and prosecutions; neglect of duty; malfeasance; conviction of a
 felony; or conduct involving moral turpitude.
   2. Such special prosecutor shall receive an annual salary to be  fixed
 by  law  from  within  the  amounts  appropriated therefor. Such special
 prosecutor shall possess all of the  powers  of  an  assistant  attorney
 general  otherwise  authorized  by  this act provided, however that such
 special prosecutor shall devote his or her full time and  effort  exclu-
 sively  to  investigations  and  prosecutions of any death of an unarmed
 civilian caused by a police officer.
   3. The special prosecutor may appoint such other deputies,  directors,
 assistants,  and  other  employees  to serve at the special prosecutor's
 pleasure and discretion as may be needed for the performance  of  duties
 and  may  prescribe  their  powers and fix their compensation within the
 amounts appropriated therefor.
   4. The special prosecutor shall have the following special  functions,
 powers and duties:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09163-01-9

 A. 9038                             2
 
   (a) To exercise all the prosecutorial powers necessary to investigate,
 and if warranted, prosecute any death of an unarmed civilian caused by a
 police officer.  The special prosecutor's jurisdiction will displace and
 supersede  the  jurisdiction  of  the county district attorney where the
 incident occurred; and such county district attorney shall have only the
 powers and duties designated to him or her by the special prosecutor;
   (b)  To  attend  in  person,  a term or terms of the county or supreme
 court to be held in and for the county of such appropriate  jurisdiction
 consistent  with  this act; appear in person before any grand jury drawn
 for any term or terms of said court, for the purpose of  conducting  any
 and  all proceedings, examinations, and inquiries; and bring any and all
 criminal actions and proceedings which may be had or taken  before  said
 grand  jury and other grand juries concerning or relating to any and all
 alleged unlawful acts as described by this act;
   (c) To conduct a full, reasoned, and independent investigation includ-
 ing, but not limited to, (i)  gathering  and  analyzing  evidence,  (ii)
 conducting   witness   interviews,  and  (iii)  reviewing  investigative
 reports, scientific reports, and audio and video recordings;
   (d) To report to the governor and the legislature on all cases  where,
 (i)  the special prosecutor declines to present evidence to a grand jury
 regarding the death of a civilian, whether in custody or not,  allegedly
 caused by a police officer, or (ii) the grand jury declines to return an
 indictment on any charges. The report will include, to the extent possi-
 ble  and  lawful, an explanation of that outcome and any recommendations
 for systemic reform arising from the investigation;
   (e) To make an annual report to the governor, the attorney general and
 the legislature concerning such work during the preceding year,  and  to
 make  such  further interim reports to them as they or any of them shall
 deem advisable or require; and
   (f) To do all things necessary or convenient to carry  out  the  func-
 tions, powers and duties set forth in this act.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.