Senate Bill S1406

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1406
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT in relation to appointing a special prosecutor to investigate and
   prosecute matters involving the death of an unarmed civilian caused by
   a law enforcement officer

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 1. The governor, by and with the advice and consent of the
 senate, shall within 30 days of the effective date of this act appoint a
 special prosecutor to investigate and prosecute any death of an  unarmed
 civilian  caused  by  a  police officer, as defined in subdivision 34 of
 section 1.20 of the criminal procedure law. The special prosecutor shall
 serve for a term of 3 years unless removed by the governor, after notice
 and an opportunity for a hearing, and then only for one or more  of  the
 following reasons: permanent disability which renders the special prose-
 cutor  incapable  of  performing the duties of such special prosecutor's
 office; gross inefficiency, typified by a lack of  ability  to  properly
 conduct  investigations  and prosecutions; neglect of duty; malfeasance;
 conviction of a felony; or conduct involving moral turpitude.
   2. Such special prosecutor shall receive an annual salary to be  fixed
 by  law  from  within  the  amounts  appropriated therefor. Such special
 prosecutor shall possess all of the  powers  of  an  assistant  attorney
 general  otherwise  authorized  by  this act provided, however that such
 special prosecutor shall devote such special prosecutor's full time  and
 effort exclusively to investigations and prosecutions of any death of an
 unarmed civilian caused by a police officer.
   3.  The special prosecutor may appoint such other deputies, directors,
 assistants, and other employees to serve  at  the  special  prosecutor's
 pleasure  and  discretion as may be needed for the performance of duties

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00245-01-5
 S. 1406                             2
              

 
 and may prescribe their powers and fix  their  compensation  within  the
 amounts appropriated therefor.
   4.  The special prosecutor shall have the following special functions,
 powers and duties:
   (a) To exercise all the prosecutorial powers necessary to investigate,
 and if warranted, prosecute any death of an unarmed civilian caused by a
 police officer.  The special prosecutor's jurisdiction will displace and
 supersede the jurisdiction of the county  district  attorney  where  the
 incident occurred; and such county district attorney shall have only the
 powers  and  duties  designated  to such county district attorney by the
 special prosecutor;
   (b) To attend in person, a term or terms  of  the  county  or  supreme
 court  to be held in and for the county of such appropriate jurisdiction
 consistent with this act; appear in person before any grand  jury  drawn
 for  any  term or terms of said court, for the purpose of conducting any
 and all proceedings, examinations, and inquiries; and bring any and  all
 criminal  actions  and proceedings which may be had or taken before said
 grand jury and other grand juries concerning or relating to any and  all
 alleged unlawful acts as described by this act;
   (c) To conduct a full, reasoned, and independent investigation includ-
 ing,  but  not  limited  to,  (i) gathering and analyzing evidence, (ii)
 conducting  witness  interviews,  and  (iii)   reviewing   investigative
 reports, scientific reports, and audio and video recordings;
   (d)  To report to the governor and the legislature on all cases where,
 (i) the special prosecutor declines to present evidence to a grand  jury
 regarding  the death of a civilian, whether in custody or not, allegedly
 caused by a police officer, or (ii) the grand jury declines to return an
 indictment on any charges. The report will include, to the extent possi-
 ble and lawful, an explanation of that outcome and  any  recommendations
 for systemic reform arising from the investigation;
   (e) To make an annual report to the governor, the attorney general and
 the  legislature  concerning such work during the preceding year, and to
 make such further interim reports to them as they or any of  them  shall
 deem advisable or require; and
   (f)  To  do  all things necessary or convenient to carry out the func-
 tions, powers and duties set forth in this act.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.