NY State Senate Bill 2019-S3196

Senate Bill S3196

2019-2020 Legislative Session

Directs the attorney general to review incidents where a civilian is killed by a police officer

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations
Feb 04, 2019	referred to investigations and government operations

co-Sponsors

2019-S3196 (ACTIVE) - Details

See Assembly Version of this Bill:: A10575
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §63, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A6342
2017-2018: S8816, A3538
2021-2022: A1642
2023-2024: A6643

2019-S3196 (ACTIVE) - Summary

Directs the attorney general to review incidents where a civilian is killed by a police officer.

2019-S3196 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3196

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the executive law, in relation to the authority of the
attorney general to review incidents where a civilian is killed by a
police officer

 
PURPOSE:

The purpose of this legislation is to address police officer conduct by
the attorney general in regards to officer caused civilian fatality.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds subdivision 17 to § 63 of the executive law
to define the course of conduct to follow after a civilian is severely
injured or killed by a police officer during his or her official duties
within sixty days of the incident. Upon review, the attorney general
shall determine whether the incident will remain within the jurisdiction

of the local district attorney or be prosecuted under the jurisdiction
of a special prosecutor appointed by the governor.

Section two of the bill provides the effective date.

 
JUSTIFICATION:

Providing the attorney general with the option to determine who brings
forth the prosecution upon an officer allows for due process of the law
to flow more fluidly in wake of severe incidents or deaths involving a
civilian. In Governor Cuomo's State of the State address of January
2015, the Governor proposed a seven point Justice Agenda.  The latter
two points of the proposal addresses the need for advanced review of
cases involving police brutality. The Governor would appoint an Inde-
pendent Monitor to review police cases where a civilian dies. No true
bill has been issued that can recommend a special prosecutor to be
appointed. Having an Independent Monitor with access to grand jury
information is essential to this piece of legislation as it ensures that
in circumstances where police brutality is suspected that the proper
means of investigation will take place while still maintaining a level
of respect for the officer being investigated.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S8816 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
2015-2016: A.6342 - Referred to Codes

 
EFFECTIVE DATE:
Ninety days after becoming a law.

2019-S3196 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3196
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2019
                                ___________
 
 Introduced  by Sens. PARKER, BENJAMIN -- read twice and ordered printed,
   and when printed to be committed to the  Committee  on  Investigations
   and Government Operations
 
 AN  ACT  to amend the executive law, in relation to the authority of the
   attorney general to review incidents where a civilian is killed  by  a
   police officer

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 63 of the executive law is amended by adding a  new
 subdivision 17 to read as follows:
   17.  REVIEW  ANY INCIDENT INVOLVING THE CONDUCT OF A POLICE OFFICER IN
 CONNECTION WITH THE PERFORMANCE OF HIS OR HER OFFICIAL  DUTIES,  WHEREIN
 SUCH  CONDUCT IS ALLEGED TO HAVE CAUSED THE SERIOUS INJURY OR DEATH OF A
 CIVILIAN, WITHIN SIXTY DAYS OF  THE  INCIDENT.  UPON  SUCH  REVIEW,  THE
 ATTORNEY  GENERAL  SHALL  DETERMINE  WHETHER  THE INCIDENT BEING BROUGHT
 FORTH WILL REMAIN WITHIN THE JURISDICTION OF THE LOCAL  DISTRICT  ATTOR-
 NEY'S OFFICE OR BE PROSECUTED UNDER THE JURISDICTION OF A SPECIAL PROSE-
 CUTOR APPOINTED BY THE GOVERNOR.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06115-01-9

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Senate Bill S3196

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Sponsored By

Kevin S. Parker