Senate Bill S5035

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5035
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced  by  Sens. SANDERS, BRISPORT, MYRIE, RIVERA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Finance
 
 AN  ACT  to  amend  the  executive  law, in relation to establishing the
   "Malcolm X unsolved civil rights crime act of 2023"; making an  appro-
   priation  therefor;  and  providing  for the repeal of such provisions
   upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Malcolm X unsolved civil rights crime act of 2023".
   § 2. Legislative findings and purpose. The legislature finds that  all
 authorities  with  jurisdiction, including the department of law and the
 division of state police, should (i) expeditiously investigate  unsolved
 civil  rights  murders,  due to the amount of time that has passed since
 the murders and the age of potential witnesses; and (ii) provide all the
 resources necessary to ensure timely and thorough investigations in  the
 cases involved with such.
   §  3.  The executive law is amended by adding a new section 68 to read
 as follows:
   § 68. CIVIL RIGHTS INVESTIGATIONS. 1. THE ASSISTANT  ATTORNEY  GENERAL
 OF  THE  CIVIL  RIGHTS  BUREAU  SHALL  BE  RESPONSIBLE FOR INVESTIGATING
 VIOLATIONS OF CRIMINAL CIVIL RIGHTS STATUTES  THAT  OCCURRED  NOT  LATER
 THAN  DECEMBER THIRTY-FIRST, NINETEEN HUNDRED SEVENTY-NINE, AND RESULTED
 IN A DEATH.
   2. WHEN INVESTIGATING SUCH COMPLAINTS, THE ASSISTANT ATTORNEY  GENERAL
 MAY  COORDINATE  THE  INVESTIGATIVE  ACTIVITIES WITH STATE AND LOCAL LAW
 ENFORCEMENT OFFICIALS.
   3. THE ATTORNEY GENERAL SHALL ANNUALLY CONDUCT A STUDY  OF  THE  CASES
 UNDER  THE  JURISDICTION  OF THE ASSISTANT ATTORNEY GENERAL OF THE CIVIL
 RIGHTS BUREAU.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06202-01-3
              

 S. 5035                             2
 
   (A)  SUCH STUDY SHALL INCLUDE:
   (I) THE NUMBER OF OPEN INVESTIGATIONS WITHIN THE DEPARTMENT OF LAW FOR
 VIOLATIONS  OF  CRIMINAL  CIVIL  RIGHTS STATUTES THAT OCCURRED NOT LATER
 THAN DECEMBER THIRTY-FIRST, NINETEEN HUNDRED SEVENTY-NINE;
   (II) THE NUMBER OF NEW CASES OPENED PURSUANT TO THIS SECTION SINCE THE
 PREVIOUS YEAR'S STUDY;
   (III) THE NUMBER OF UNSEALED FEDERAL, STATE AND  LOCAL  CASES  CHARGED
 WITHIN  THE  STUDY PERIOD, INCLUDING THE CASE NAMES, THE JURISDICTION IN
 WHICH THE CHARGES WERE BROUGHT, AND THE DATE THE CHARGES WERE FILED;
   (IV) THE NUMBER OF CASES REFERRED BY THE DEPARTMENT OF LAW TO A  STATE
 OR  LOCAL  LAW ENFORCEMENT AGENCY OR PROSECUTOR WITHIN THE STUDY PERIOD,
 THE NUMBER OF SUCH CASES THAT RESULTED IN STATE CHARGES BEING FILED, THE
 JURISDICTION IN WHICH SUCH CHARGES WERE FILED,  THE  DATE  SUCH  CHARGES
 WERE  FILED,  AND WHETHER OR NOT A JURISDICTION DECLINED TO PROSECUTE OR
 PARTICIPATE IN AN INVESTIGATION OF A CASE SO REFERRED;
   (V) THE NUMBER OF CASES WITHIN THE STUDY PERIOD THAT WERE CLOSED WITH-
 OUT FEDERAL, STATE, OR LOCAL PROSECUTION, THE  CASE  NAMES  OF  UNSEALED
 FEDERAL,  STATE  AND  LOCAL CASES, THE DATES SUCH CASES WERE CLOSED, AND
 THE RELEVANT FEDERAL, STATE AND LOCAL STATUTES;
   (VI) THE NUMBER OF ATTORNEYS WHO WORKED, IN WHOLE OR IN PART,  ON  ANY
 CASE THAT QUALIFIES UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH; AND
   (VII)  THE  NUMBER  OF REQUESTS BY STATE AND LOCAL LAW ENFORCEMENT FOR
 ADDITIONAL FUNDS TO INVESTIGATE MATTERS UNDER THIS SECTION IN ACCORDANCE
 WITH SUBDIVISION FOUR OF THIS SECTION, THE AMOUNT OF SUCH  REQUESTS,  IF
 SUCH  REQUESTS  WERE FULFILLED AND THE PURPOSES FOR WHICH SUCH REQUESTED
 MONEY WAS EXPENDED.
   (B) NO LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS  SECTION
 AND  EVERY  YEAR THEREAFTER, THE ATTORNEY GENERAL SHALL PREPARE A REPORT
 WITH THE INFORMATION COLLECTED UNDER PARAGRAPH (A) OF  THIS  SUBDIVISION
 OF  THIS  SECTION  AND SUBMIT SUCH REPORT TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.
   4. OUT OF MONIES APPROPRIATED TO INVESTIGATE AND PROSECUTE  VIOLATIONS
 OF  CRIMINAL CIVIL RIGHTS STATUTES UNDER THIS SECTION, UP TO ONE MILLION
 DOLLARS MAY BE ALLOCATED TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES FOR
 EXPENSES ASSOCIATED WITH SUCH INVESTIGATIONS.
   5. FOR THE PURPOSES OF THIS SECTION, CRIMINAL  CIVIL  RIGHTS  STATUTES
 SHALL INCLUDE:
   (A)  SECTION  241  OF  TITLE 18 OF THE UNITED STATES CODE, RELATING TO
 CONSPIRACY AGAINST RIGHTS;
   (B) SECTION 242 OF TITLE 18 OF THE UNITED  STATES  CODE,  RELATING  TO
 DEPRIVATION OF RIGHTS UNDER COLOR OF LAW;
   (C)  SECTION  245  OF  TITLE 18 OF THE UNITED STATES CODE, RELATING TO
 FEDERALLY PROTECTED ACTIVITIES;
   (D) SECTIONS 1581 AND 1584 OF TITLE 18  OF  THE  UNITED  STATES  CODE,
 RELATING TO INVOLUNTARY SERVITUDE AND PEONAGE;
   (E)  SECTION  901  (42 U.S.C. 3631) OF THE FEDERAL FAIR HOUSING ACT OF
 1988; AND
   (F) ANY OTHER FEDERAL LAW THAT (I) WAS IN EFFECT ON OR BEFORE DECEMBER
 THIRTY-FIRST, NINETEEN  HUNDRED  SEVENTY-NINE;  AND  (II)  THE  CRIMINAL
 SECTION  OF  THE  CIVIL  RIGHTS  DIVISION  OF  THE DEPARTMENT OF JUSTICE
 ENFORCED, BEFORE THE EFFECTIVE DATE OF THIS SECTION.
   § 4. The sum of two million dollars ($2,000,000), or so  much  thereof
 as  may  be  necessary,  is hereby appropriated every fiscal year to the
 department of law out of any moneys in the state treasury in the general
 fund to the credit of the civil rights bureau, not  otherwise  appropri-
 ated,  and  made  immediately available, for the purpose of carrying out
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 the provisions of this act. Such moneys shall be payable  on  the  audit
 and warrant of the comptroller on vouchers certified or approved.
   §  5.  This  act shall take effect immediately and shall expire and be
 deemed repealed twelve years after such date.