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Senate Bill S480

2019-2020 Legislative Session

Grants the attorney general jurisdiction to investigate and prosecute police misconduct

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Sponsored By

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

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2019-S480 (ACTIVE) - Details

See Assembly Version of this Bill:
A3990
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §63, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2059, A1486
2011-2012: S6534, A4382
2013-2014: S1043, A2803
2015-2016: S716, A5524
2017-2018: S1071, A3763
2021-2022: A2006
2023-2024: A740
2025-2026: A5564

2019-S480 (ACTIVE) - Summary

Authorizes the attorney general to investigate and prosecute the alleged commission of any criminal offense or offenses committed by police officers in connection with the performance of their regular duties.

2019-S480 (ACTIVE) - Sponsor Memo

2019-S480 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    480
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. RIVERA, COMRIE, KAVANAGH, SEPULVEDA, SERRANO -- 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 granting the  attorney
   general jurisdiction to investigate and prosecute police misconduct
 
   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.    INVESTIGATE  THE  ALLEGED COMMISSION OF ANY CRIMINAL OFFENSE OR
 OFFENSES COMMITTED BY A POLICE OFFICER IN CONNECTION WITH  THE  PERFORM-
 ANCE  OF  HIS  OR  HER OFFICIAL DUTIES, AND PROSECUTE ANY SUCH PERSON OR
 PERSONS BELIEVED TO HAVE COMMITTED SUCH CRIMINAL OFFENSE OR OFFENSES  IN
 CONNECTION  WITH  THE  PERFORMANCE  OF  HIS OR HER OFFICIAL DUTIES.  THE
 ATTORNEY GENERAL MAY ONLY EXERCISE THE  JURISDICTION  PROVIDED  BY  THIS
 SUBDIVISION  UPON  A WRITTEN FINDING THAT SUCH JURISDICTION IS NECESSARY
 BECAUSE: (A)  OF  A  LACK  OF  ALTERNATIVE  PROSECUTORIAL  RESOURCES  TO
 ADEQUATELY  INVESTIGATE  AND PROSECUTE SUCH CRIMINAL OFFENSE OR OFFENSES
 OR, (B) THE EXERCISE OF SUCH JURISDICTION IS  NECESSARY  TO  ENSURE  THE
 CONFIDENCE  OF  THE  PUBLIC  IN  THE  JUDICIAL  SYSTEM.    IN  ALL  SUCH
 PROCEEDINGS, THE ATTORNEY GENERAL MAY APPEAR IN PERSON OR BY HIS OR  HER
 DEPUTY  OR  ASSISTANT BEFORE ANY COURT OR GRAND JURY 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.
   § 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.
                                                            LBD05461-01-9

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