S T A T E O F N E W Y O R K
________________________________________________________________________
3619
2025-2026 Regular Sessions
I N A S S E M B L Y
January 29, 2025
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to granting the attor-
ney-general jurisdiction to investigate and prosecute police miscon-
duct
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 18 to read as follows:
18. INVESTIGATE THE ALLEGED COMMISSION OF ANY CRIMINAL OFFENSE OR
OFFENSES BY A POLICE OFFICER AS DEFINED IN SUBDIVISION SEVEN OF SECTION
EIGHT HUNDRED THIRTY-FIVE OF THIS CHAPTER, WHETHER OR NOT IN CONNECTION
WITH THE PERFORMANCE OF SUCH POLICE OFFICER'S OFFICIAL DUTIES, AND PROS-
ECUTE ANY SUCH PERSON OR PERSONS BELIEVED TO HAVE COMMITTED SUCH CRIMI-
NAL OFFENSE OR OFFENSES. IN ALL SUCH PROCEEDINGS, THE ATTORNEY-GENERAL
MAY APPEAR IN PERSON, OR BY THE ATTORNEY-GENERAL'S DEPUTY OR ASSISTANT,
BEFORE ANY COURT OR GRAND JURY THEREOF AND EXERCISE ALL OF THE POWERS
AND PERFORM ALL OF THE DUTIES WITH RESPECT TO SUCH ACTIONS OR
PROCEEDINGS WHICH A DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR
REQUIRED TO EXERCISE OR PERFORM, PROVIDED HOWEVER THAT THE COURT AND/OR
GRAND JURY NOT BE LOCATED WITHIN THE COUNTY WHERE THE CRIMINAL OFFENSE
IS ALLEGED TO HAVE OCCURRED. IN ANY OF SUCH ACTIONS OR PROCEEDINGS, THE
DISTRICT ATTORNEY FOR THE COUNTY WHERE THE CRIMINAL OFFENSE IS ALLEGED
TO HAVE OCCURRED AND THE DISTRICT ATTORNEY FOR THE COUNTY IN WHICH THE
COURT IS LOCATED SHALL ONLY EXERCISE SUCH POWERS AND PERFORM SUCH DUTIES
AS ARE REQUIRED OF SUCH DISTRICT ATTORNEYS BY THE ATTORNEY-GENERAL OR
THE DEPUTY OR ASSISTANT ATTORNEY-GENERAL SO ATTENDING. IN ALL SUCH
PROCEEDINGS, ALL EXPENSES INCURRED BY THE ATTORNEY-GENERAL, INCLUDING
THE SALARY OR OTHER COMPENSATION OF ALL DEPUTIES AND ASSISTANTS
EMPLOYED, SHALL BE A CHARGE AGAINST THE COUNTY WHERE THE MATTER WOULD
OTHERWISE HAVE BEEN PROSECUTED.
§ 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.
LBD06401-01-5