assembly Bill A1601A

2019-2020 Legislative Session

Establishes the office of special investigation within the department of law

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2019 reported referred to rules
reported referred to ways and means
May 21, 2019 print number 1601a
May 21, 2019 amend and recommit to codes
Jan 15, 2019 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A1601 - Details

See Senate Version of this Bill:
S2574
Current Committee:
Assembly Rules
Law Section:
Executive Law
Laws Affected:
Add §70-b, Exec L; amd §190.25, CP L
Versions Introduced in 2017-2018 Legislative Session:
A5617, S9168

A1601 - Summary

Establishes the office of special investigation within the department of law to investigate and prosecute any alleged criminal offense or offenses committed by a police officer or peace officer, concerning the death of any person as a result of any encounter with such police officer or peace officer.

A1601 - Bill Text download pdf


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

                                  1601

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2019
                               ___________

Introduced  by  M. of A. PERRY, MOSLEY, GOTTFRIED, GANTT, COOK, PRETLOW,
  PEOPLES-STOKES, L. ROSENTHAL, CRESPO, WEPRIN, RODRIGUEZ,  QUART,  KIM,
  PICHARDO,  WALKER, BARRON, SEAWRIGHT, JOYNER, BLAKE, JAFFEE, ABINANTI,
  D'URSO, JEAN-PIERRE, HYNDMAN, NIOU,  TAYLOR,  VANEL,  RIVERA,  ARROYO,
  HEVESI -- Multi-Sponsored by -- M. of A. CARROLL, DAVILA, ORTIZ, SIMON
  -- read once and referred 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

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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A1601A (ACTIVE) - Details

See Senate Version of this Bill:
S2574
Current Committee:
Assembly Rules
Law Section:
Executive Law
Laws Affected:
Add §70-b, Exec L; amd §190.25, CP L
Versions Introduced in 2017-2018 Legislative Session:
A5617, S9168

A1601A (ACTIVE) - Summary

Establishes the office of special investigation within the department of law to investigate and prosecute any alleged criminal offense or offenses committed by a police officer or peace officer, concerning the death of any person as a result of any encounter with such police officer or peace officer.

A1601A (ACTIVE) - Bill Text download pdf


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

                                 1601--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2019
                               ___________

Introduced  by  M. of A. PERRY, MOSLEY, GOTTFRIED, GANTT, COOK, PRETLOW,
  PEOPLES-STOKES, L. ROSENTHAL, CRESPO, WEPRIN, RODRIGUEZ,  QUART,  KIM,
  PICHARDO,  WALKER, BARRON, SEAWRIGHT, JOYNER, BLAKE, JAFFEE, ABINANTI,
  D'URSO, JEAN-PIERRE, HYNDMAN, NIOU,  TAYLOR,  VANEL,  RIVERA,  ARROYO,
  ZEBROWSKI,  FRONTUS, CRUZ, AUBRY, FERNANDEZ, DE LA ROSA -- Multi-Spon-
  sored by -- M. of A. CARROLL, DAVILA, ORTIZ, SIMON --  read  once  and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

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

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