senate Bill S2574C

Signed By Governor
2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current 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 8, 2020 - Finance committee Vote

S2574C
17
4
committee
17
Aye
4
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

May 28, 2020 - Rules committee Vote

S2574C
15
2
committee
15
Aye
2
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

May 29, 2019 - Codes committee Vote

S2574A
4
5
committee
4
Aye
5
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 29, 2019

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

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

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

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

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

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

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

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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