NY State Senate Bill S2574C

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (20)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2020	signed chap.95
Jun 11, 2020	delivered to governor
Jun 10, 2020	returned to senate passed assembly ordered to third reading rules cal.68 substituted for a1601c referred to ways and means delivered to assembly passed senate
Jun 08, 2020	ordered to third reading cal.676 reported and committed to finance
Jun 07, 2020	print number 2574c
Jun 07, 2020	amend and recommit to codes
Jun 05, 2020	print number 2574b
Jun 05, 2020	amend (t) and recommit to codes
Jan 08, 2020	referred to codes
May 29, 2019	reported and committed to finance
May 21, 2019	print number 2574a
May 21, 2019	amend and recommit to codes
Jan 28, 2019	referred to codes

Votes

view votes

Jun 10, 2020 - floor Vote

S2574C

floor

Aye

Nay

Absent

Excused

Abstained

Jun 8, 2020 - Finance committee Vote

S2574C

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 28, 2020 - Rules committee Vote

S2574C

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 29, 2019 - Codes committee Vote

S2574A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

C (Active)

Original

C (Active)

Co-Sponsors

view additional co-sponsors

S2574 - Details

See Assembly Version of this Bill:: A1601
Law Section:: Executive Law
Laws Affected:: Add §70-b, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S9168, A5617

S2574 - Summary

Establishes the office of special investigation within the office of the attorney general.

S2574 - Sponsor Memo

 
BILL NUMBER: S2574

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the executive law and the criminal
procedure law, in relation to establishing the office of special inves-
tigation

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill is designed to enhance public confidence in the integrity of
investigations and court proceedings in instances involving the death of
a person following an encounter with a police officer or peace officer.
The bill would authorize the attorney general or, in potential conflict
circumstances, an independent counsel to investigate and, where appro-
priate, prosecute such cases.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one would establish an Office of Special Investigation within
the New York State Department of Law (the formal name of the New York
State office of the Attorney General). The Office of Special Investi-

gation would investigate in instances where an individual dies following
an encounter with a police officer or peace officer. Where criminality
is believed to have been occurred, the Office would be empowered to
prosecute alleged offenses committed by a police officer or peace offi-
cer with respect to such encounter or the related investigations.

When a police or peace officer allegedly involved was employed by the
State of New York, the Attorney General, while empowered to initially
investigate, would promptly apply to the court for appointment of an
independent counsel to investigate and potentially prosecute the matter.

Section two would make information and records concerning certain grand
jury proceedings more readily available to the public. In cases involv-
ing the submission of a potential criminal charge against a police offi-
cer or peace officer, legal instructions would be given by the judge or
justice in charge of the grand jury. After submission of such charge or
charges and final action by the grand jury, these legal instructions
would be available for public release, provided that the names of
witnesses and any information that would identify a witness would be
redacted if the court determined that public release of such information
would endanger any person.

 
JUSTIFICATION:

It is vital that the public have confidence that our criminal justice
system is impartial and fair. This confidence must be borne not just of
perception, but of reality.

This bill would promote public confidence in several ways. First, it
would remove a potential conflict of interest with respect to the inves-
tigation where a person has died following an encounter with a police
officer or peace officer. District attorneys work regularly and closely
with police and peace officers in the investigation of alleged criminal
acts. When an investigation involves the death of a person following an
encounter with a police officer or peace officer, it is reasonable to
consider whether a district attorney can be impartial in investigating
the facts and determining whether grand jury consideration is appropri-
ate.
This bill would establish an Office of Special Investigation within the
N.Y. State Department of Law. The Office would investigate and, where
appropriate, prosecute this limited class of cases in the same manner as
a district attorney. In instances where the police officer or peace
officer was employed by New York State, the Office of.  Special Investi-
gation, while empowered to investigate initially, would promptly seek
court appointment of an independent counsel to investigate and poten-
tially prosecute the matter.

Second, this bill would appropriately balance the secrecy of grand jury
proceedings with the necessity of transparency for the public interest.
In some recent cases involving police encounters and civilian deaths
that did not result in indictment, the present law requiring secrecy has
led to confusion and concern, among some in the public, that appropriate
evidence was not presented and/or necessary legal instructions were not
given. This legislation carefully balances grand jury secrecy with the
public's understandable desire to know more about what led to a "no true
bill" result.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.9168/A.5617(Perry) - Referred to Rules

 
FISCAL IMPLICATIONS:

The bill may result in some increased costs to the state, and concom-
itant savings for counties, as some prosecutions would be brought at
state, rather than county, cost.

 
EFFECTIVE DATE:
The bill takes effect on the thirtieth day after which it has become
law.

S2574 - Bill Text download pdf


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

                                  2574

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
  printed to be committed 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
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

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

                                                           LBD05660-01-9

S. 2574                             2

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
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

S. 2574                             3

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
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)

S. 2574                             4

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.

Co-Sponsors

view additional co-sponsors

S2574A - Details

See Assembly Version of this Bill:: A1601
Law Section:: Executive Law
Laws Affected:: Add §70-b, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S9168, A5617

S2574A - Summary

Establishes the office of special investigation within the office of the attorney general.

S2574A - Sponsor Memo

 
BILL NUMBER: S2574A

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the executive law and the criminal
procedure law, in relation to establishing the office of special inves-
tigation

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill is designed to enhance public confidence in the integrity of
investigations and court proceedings in instances involving the death of
a person following an encounter with a police officer or peace officer.
The bill would authorize the attorney general or, in potential conflict
circumstances, an independent counsel to investigate and, where appro-
priate, prosecute such cases.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one would establish an Office of Special Investigation within
the New York State Department of Law (the formal name of the New York
State office of the Attorney General). The Office of Special Investi-

gation would investigate in instances where an individual dies following
an encounter with a police officer or peace officer.  Where criminality
is believed to have been occurred, the Office would be empowered to
prosecute alleged offenses committed by a police officer or peace offi-
cer with respect to such encounter or the related investigations.

When a police or peace officer allegedly involved was employed by the
State of New York, the Attorney General, while empowered to initially
investigate, would promptly apply to the court for appointment of an
independent counsel to investigate and potentially prosecute the matter.

Section two would make information and records concerning certain grand
jury proceedings more readily available to the public. In cases involv-
ing the submission of a potential criminal charge against a police offi-
cer or peace officer, legal instructions would be given by the judge or
justice in charge of the grand jury. After submission of such charge or
charges and final action by the grand jury, these legal instructions
would be available for public release, provided that the names of
witnesses and any information that would identify a witness would be
redacted if the court determined that public release of such information
would endanger any person.

 
JUSTIFICATION:

It is vital that the public have confidence that our criminal justice
system is impartial and fair. This confidence must be borne not just of
perception, but of reality.

This bill would promote public confidence in several ways. First, it
would remove a potential conflict of interest with respect to the inves-
tigation where a person has died following an encounter with a police
officer or peace officer. District attorneys work regularly and closely
with police and peace officers in the investigation of alleged criminal
acts. When an investigation involves the death of a person following an
encounter with a police officer or peace officer, it is reasonable to
consider whether a district attorney can be impartial in investigating
the facts and determining whether grand jury consideration is appropri-
ate.
This bill would establish an Office of Special Investigation within the
N.Y. State Department of Law. The Office would investigate and, where
appropriate, prosecute this limited class of cases in the same manner as
a district attorney. In instances where the police officer or peace
officer was employed by New York State, the Office of Special Investi-
gation, while empowered to investigate initially, would promptly seek
court appointment of an independent counsel to investigate and poten-
tially prosecute the matter.

Second, this bill would appropriately balance the secrecy of grand jury
proceedings with the necessity of transparency for the public interest.
In some recent cases involving police encounters and civilian deaths
that did not result in indictment, the present law requiring secrecy has
led to confusion and concern, among some in the public, that appropriate
evidence was not presented and/or necessary legal instructions were not
given. This legislation carefully balances grand jury secrecy with the
public's understandable desire to know more about what led to a "no true
bill" result.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.9168/A.5617(Perry) - Referred to Rules

 
FISCAL IMPLICATIONS:

The bill may result in some increased costs to the state, and concom-
itant savings for counties, as some prosecutions would be brought at
state, rather than county, cost.

 
EFFECTIVE DATE:
The bill takes effect on the thirtieth day after which it has become
law.

S2574A - Bill Text download pdf


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

                                 2574--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced by Sens. BAILEY, BENJAMIN, BIAGGI, HOYLMAN, JACKSON, MONTGOM-
  ERY,  MYRIE, PARKER, RAMOS, SALAZAR, SERRANO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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
OFFENSES.  IN  ANY  INVESTIGATION  AND PROSECUTION CONDUCTED PURSUANT TO

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

                                                           LBD05660-03-9

S. 2574--A                          2

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

S. 2574--A                          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

S. 2574--A                          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 first of April next  succeeding
the date upon which it shall have become a law.

Co-Sponsors

view additional co-sponsors

S2574B - Details

See Assembly Version of this Bill:: A1601
Law Section:: Executive Law
Laws Affected:: Add §70-b, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S9168, A5617

S2574B - Summary

Establishes the office of special investigation within the office of the attorney general.

S2574B - Sponsor Memo

 
BILL NUMBER: S2574B

SPONSOR: BAILEY
 
TITLE OF BILL:

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

 
PURPOSE:

To establish an Office of Special Investigation within the Office of the
Attorney General with investigative authority and criminal jurisdiction
over any incident in which the death of a person is caused by a police
officer or correctional officer.

 
SUMMARY OF PROVISIONS:

Section one establishes the Office of Special Investigation, provides
for its investigative authority and criminal jurisdiction, provides for
the staffing and civil service requirements of the Office, requires the
Office to issue a report when an investigation does not result in an

indictment, and requires annual reporting with recommendations for
systemic changes.

Section two provides a severability clause. Section three provides an
effective date.

 
EXISTING LAW:

The Attorney General currently exercises jurisdiction over deaths of
unarmed civilians caused by police officers under Executive Order 147.

 
JUSTIFICATION:

For the criminal justice system to function, everyone involved in it,
from the police and prosecutors to defendants and average citizens, must
trust that it is fair, impartial, and free of bias. Importantly, it must
not only be free of bias, it must be perceived to be free of bias.

 
SUMMARY OF PROVISIONS:

This bill would promote public confidence by removing a potential
conflict of interest in an investigation where a New Yorker has died
following an encounter with a law enforcement officer. District attor-
neys work regularly and closely with police and peace officers in the
investigation of alleged criminal acts. When an investigation involves
the death of a person following an encounter with a law enforcement
officer, it is reasonable to consider whether a district attorney can be
impartial in investigating the facts and determining whether grand jury
consideration is appropriate. This bill would establish an Office of
Special Investigation within the Office of the Attorney General. The
Office would investigate and, where appropriate, prosecute this limited
class of cases.

Importantly, this legislation requires the new Office of Special Inves-
tigation to produce a report explaining the reasons for its decision
regardless of whether it chooses to pursue charges. This allows the
public to see a clear statement of necessary reforms, helping to hold
the police and policymakers responsible.
 
LEGISLATIVE HISTORY:

2017-18: S.9168 (Bailey) Referred to Rules/A.5617(Perry)- Referred to
Rules 2019: S.2574-A (Bailey) Reported and committed to Finance/A.1601-A
(Perry) Reported and referred to Rules.

 
FISCAL IMPLICATIONS:

TBD

 
LOCAL FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
April 1, 2021

S2574B - Bill Text download pdf


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

                                 2574--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced by Sens. BAILEY, BENJAMIN, BIAGGI, BRESLIN, CARLUCCI, COMRIE,
  GIANARIS,  HOYLMAN,  JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MONTGOMERY,
  MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO  --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Codes in accordance with Senate Rule 6, sec. 8  --
  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;
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05660-06-0

S. 2574--B                          2

  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
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.

S. 2574--B                          3

  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.

Co-Sponsors

view additional co-sponsors

S2574C (ACTIVE) - Details

See Assembly Version of this Bill:: A1601
Law Section:: Executive Law
Laws Affected:: Add §70-b, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S9168, A5617

S2574C (ACTIVE) - Summary

Establishes the office of special investigation within the office of the attorney general.

S2574C (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2574C

SPONSOR: BAILEY
 
TITLE OF BILL:

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

 
TITLE OF BILL:

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

 
PURPOSE:

To establish an Office of Special Investigation within the Office of the
Attorney General with investigative authority and criminal jurisdiction
over any incident in which the death of a person is caused by an act or
omission of a police officer or certain peace officers.

SUMMARY OF PROVISIONS:

Section one establishes the Office of Special Investigation, provides
for its investigative authority and criminal jurisdiction, provides for
the staffing and civil service requirements of the Office, requires the
Office to issue a report when an investigation does not result in an
indictment, and requires annual reporting with recommendations for
systemic changes.

Section two provides a severability clause.

Section three provides an effective date.

 
EXISTING LAW:

The Attorney General currently exercises jurisdiction over deaths of
unarmed civilians caused by police officers under Executive Order 147.

 
JUSTIFICATION:

For the criminal justice system to function, everyone involved in it,
from the police and prosecutors to defendants and average citizens, must
trust that it is fair, impartial, and free of bias. Importantly, it must
not only be free of bias, it must be perceived to be free of bias.

This bill would promote public confidence by removing a potential
conflict of interest in an investigation where a New Yorker has died
following an encounter with a law enforcement officer. District attor-
neys work regularly and closely with police and peace officers in the
investigation of alleged criminal acts. When an investigation involves
the death of a person following an encounter with a law enforcement
officer, it is reasonable to consider whether a district attorney can be
impartial in investigating the facts and determining whether grand jury
consideration is appropriate. This bill would establish an Office of
Special Investigation within the Office of the Attorney General. The
Office would investigate and, where appropriate, prosecute this limited
class of cases.


Importantly, this legislation requires the new Office of Special Inves-
tigation to produce a report explaining the reasons for its decision
regardless of whether it chooses to pursue charges. This allows the
public to see a clear statement of necessary reforms, helping to hold
the police and policymakers responsible.

 
LEGISLATIVE HISTORY:

2017-18: S.9168 (Bailey) Referred to Rules/A.5617(Perry) - Referred to
Rules
2019: S.2574-A (Bailey) Reported and committed to Finance/A.1601-A
(Perry) Reported and referred to Rules.

 
FISCAL IMPLICATIONS:

TBD

 
LOCAL FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
April 1, 2021

S2574C (ACTIVE) - Bill Text download pdf


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

                                 2574--C

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced by Sens. BAILEY, BENJAMIN, BIAGGI, BRESLIN, CARLUCCI, COMRIE,
  GIANARIS,  HOYLMAN,  JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MONTGOMERY,
  MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO  --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Codes -- committee discharged, bill amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Codes in accordance with Senate Rule 6, sec. 8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- 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 INVESTIGATE AND, IF WARRANTED, PROSECUTE ANY
ALLEGED CRIMINAL OFFENSE OR OFFENSES COMMITTED BY A PERSON,  WHETHER  OR
NOT FORMALLY ON DUTY, 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  SECTION  2.10  OF  THE  CRIMINAL  PROCEDURE  LAW,
PROVIDED  THAT SUCH PEACE OFFICER IS EMPLOYED OR CONTRACTED BY AN EDUCA-
TION, PUBLIC HEALTH, SOCIAL SERVICE, PARKS, HOUSING OR CORRECTIONS AGEN-
CY, OR IS A PEACE OFFICER  AS  DEFINED  IN  SUBDIVISION  TWENTY-FIVE  OF
SECTION  2.10  OF THE CRIMINAL PROCEDURE LAW, CONCERNING ANY INCIDENT IN
WHICH THE DEATH OF A PERSON, WHETHER IN CUSTODY OR NOT, IS CAUSED BY  AN
ACT  OR OMISSION OF SUCH POLICE OFFICER OR PEACE OFFICER OR IN WHICH THE
ATTORNEY GENERAL DETERMINES THERE IS A QUESTION AS TO WHETHER THE  DEATH

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

                                                           LBD05660-21-0

S. 2574--C                          2

WAS IN FACT CAUSED BY AN ACT OR OMISSION OF SUCH POLICE OFFICER OR PEACE
OFFICER.
  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 CONDUCT A FULL, REASONED  AND  INDE-
PENDENT  INVESTIGATION,  INCLUDING BUT NOT LIMITED TO: (A) GATHERING AND
ANALYZING EVIDENCE; (B) CONDUCTING WITNESS INTERVIEWS; (C) REVIEWING AND
COMMISSIONING ANY NECESSARY INVESTIGATIVE AND  SCIENTIFIC  REPORTS;  AND
(D)  REVIEWING AUDIO AND VIDEO-RECORDINGS. 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.  (A)  FOR  ANY  INCIDENT  UNDER THIS SECTION, THE OFFICE OF SPECIAL
INVESTIGATION SHALL ISSUE A PUBLIC REPORT AND POST  THE  REPORT  ON  ITS

S. 2574--C                          3

WEBSITE WHENEVER THE OFFICE OF SPECIAL INVESTIGATION INITIATES AN INVES-
TIGATION AND (I) THE OFFICE OF SPECIAL INVESTIGATION DECLINES TO PRESENT
EVIDENCE  TO  A  GRAND  JURY OR (II) THE OFFICE OF SPECIAL INVESTIGATION
DOES  PRESENT  EVIDENCE  TO  A GRAND JURY BUT THE GRAND JURY DECLINES TO
RETURN INDICTMENT ON ANY CHARGES. THE REPORT WILL INCLUDE, TO THE EXTENT
POSSIBLE AND LAWFUL, THE RESULTS OF THE INVESTIGATION OF THE INCIDENT.
  (B) THE REPORT SHALL ALSO INCLUDE: (I) WITH  RESPECT  TO  SUBPARAGRAPH
(I)  OF  PARAGRAPH (A) OF THIS SUBDIVISION, AN EXPLANATION AS TO WHY THE
OFFICE OF SPECIAL INVESTIGATION DECLINED TO PRESENT EVIDENCE TO A  GRAND
JURY; AND (II) ANY RECOMMENDATIONS FOR SYSTEMIC OR OTHER REFORMS ARISING
FROM THE INVESTIGATION.
  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.

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The New York State Senate

senate Bill S2574C

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Floor Vote: Jun 10, 2020

Jun 8, 2020 - Finance committee Vote

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May 28, 2020 - Rules committee Vote

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May 29, 2019 - Codes committee Vote

Committee Vote: May 29, 2019

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senate Bill S2574C

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 10, 2020 - floor Vote

Floor Vote: Jun 10, 2020

Jun 8, 2020 - Finance committee Vote

Finance Committee Vote: Jun 8, 2020

May 28, 2020 - Rules committee Vote

Rules Committee Vote: May 28, 2020

May 29, 2019 - Codes committee Vote

Committee Vote: May 29, 2019

Bill Amendments

Co-Sponsors

S2574 - Details

S2574 - Summary

S2574 - Sponsor Memo

S2574 - Bill Text download pdf

Co-Sponsors

S2574A - Details

S2574A - Summary

S2574A - Sponsor Memo

S2574A - Bill Text download pdf

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S2574B - Details

S2574B - Summary

S2574B - Sponsor Memo

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S2574C (ACTIVE) - Details

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