S T A T E O F N E W Y O R K
________________________________________________________________________
2151--A
Cal. No. 63
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
Introduced by M. of A. PEOPLES-STOKES, MEEKS, FORREST, SEAWRIGHT -- read
once and referred to the Committee on Codes -- ordered to a third
reading, amended and ordered reprinted, retaining its place on the
order of third reading
AN ACT to amend the executive law, in relation to the office of special
investigation inspecting serious physical injuries that may have
resulted in death
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 2 of section 70-b of the executive law,
as added by chapter 95 of the laws of 2020, are amended and a new subdi-
vision 1-a is added to read as follows:
1. There shall be established within the office of the attorney gener-
al an office of special investigation. 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 education, public health, social service, parks,
housing or corrections agency, 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, OR SERIOUS PHYSICAL INJURY
PURSUANT TO SUBDIVISION ONE-A OF THIS SECTION, 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, OR SERIOUS PHYSICAL INJURY PURSUANT TO
SUBDIVISION ONE-A OF THIS SECTION, was in fact caused by an act or omis-
sion of such police officer or peace officer.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01594-02-4
A. 2151--A 2
1-A. THE OFFICE OF SPECIAL INVESTIGATION SHALL ESTABLISH A DEMON-
STRATION PROJECT IN CERTAIN COUNTIES RELATED TO INCIDENTS DESCRIBED IN
SUBDIVISION ONE OF THIS SECTION THAT RESULT IN SERIOUS PHYSICAL INJURY
OF A PERSON, THAT THE ATTORNEY GENERAL DETERMINES SUCH SERIOUS PHYSICAL
INJURY REASONABLY COULD HAVE RESULTED IN DEATH, OR DID RESULT IN PARALY-
SIS, COMATOSE, BRAIN DAMAGE, OR ANY OTHER LIFE THREATENING GRAVE BODILY
INJURY AS DETERMINED BY THE ATTORNEY GENERAL. SUCH DEMONSTRATION PROJECT
SHALL BE ESTABLISHED FOR INCIDENTS OCCURRING IN COUNTIES NOT WHOLLY
CONTAINED WITHIN A CITY WITH A POPULATION AS OF THE MOST RECENT CENSUS
UNDER ONE MILLION AND OVER FOUR HUNDRED THOUSAND. THE PROVISIONS OF THIS
SECTION SHALL APPLY TO THE DEMONSTRATION PROJECT ESTABLISHED BY THIS
SUBDIVISION IN THE SAME MANNER AS INCIDENTS OF DEATH OF A PERSON UNDER
THE JURISDICTION OF THE ATTORNEY GENERAL AS PRESCRIBED BY THIS SECTION.
2. The attorney general has investigative authority and criminal
jurisdiction under this section at the time of the death, OR SERIOUS
PHYSICAL INJURY PURSUANT TO SUBDIVISION ONE-A OF THIS SECTION, of the
person and the attorney general retains investigative authority and
criminal jurisdiction over the incident unless the attorney general
determines that such incident does not meet the requirements of this
section. If the attorney general determines the incident does not meet
the requirements for the attorney general to have investigative authori-
ty and criminal jurisdiction pursuant to this section, the attorney
general shall, as soon as practicable, provide written notice of such
determination to the district attorney for the county in which the inci-
dent occurred.
§ 2. This act shall take effect January 1, 2025.