Senate Bill S2574C

Signed By Governor
2019-2020 Legislative Session

Creates an office of special investigation within the office of the attorney general

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Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

co-Sponsors

2019-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

2019-S2574 - Summary

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

2019-S2574 - Sponsor Memo

2019-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.
              

co-Sponsors

2019-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

2019-S2574A - Summary

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

2019-S2574A - Sponsor Memo

2019-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.
              

co-Sponsors

2019-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

2019-S2574B - Summary

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

2019-S2574B - Sponsor Memo

2019-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
              

co-Sponsors

2019-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

2019-S2574C (ACTIVE) - Summary

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

2019-S2574C (ACTIVE) - Sponsor Memo

2019-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.
              

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