Bill S1043-2013

Grants the attorney general jurisdiction to investigate and prosecute police misconduct

Grants the attorney general jurisdiction to investigate and prosecute police misconduct upon the request of the governor or the district attorney of the county wherein such misconduct was committed.

Details

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  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 9, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S1043

TITLE OF BILL: An act to amend the executive law, in relation to granting the attorney general jurisdiction to investigate and prosecute police misconduct

PURPOSE OR GENERAL IDEA OF BILL: This legislation authorizes the attorney general to investigate and prosecute the alleged commission of any criminal offense or offenses committed by police officers in connection with the performance of their regular duties under limited, specific circumstances.

SUMMARY OF SPECIFIC PROVISIONS: Under the provisions of this legislation, the attorney general is given the authority to investigate and prosecute alleged criminal offenses committed by police officers in connection with the performance of their official functions, however, this authority may be exercised only upon a written finding by the attorney general that a lack of prosecutorial resources hinders the effective investigation and prosecution of the alleged offense or offenses or that the exercise of this authority by the attorney general is necessary to ensure the public's confidence in the judicial system.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: This amendment to the executive law increases the authority of the attorney general to investigate and prosecute alleged criminal conduct by police officers in certain limited cases.

JUSTIFICATION: This legislation is necessary to ensure the effective prosecution of alleged criminal conduct committed by police officers in instances where the local prosecutor lacks adequate resources to prosecute or where prosecution by the attorney general is necessary to safeguard the public's confidence in the judicial system.

PRIOR LEGISLATIVE HISTORY: 2007: A.715 2005-06: A.2413

FISCAL IMPLICATIONS: Limited additional costs readily absorbed by the Department of Law.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1043 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. RIVERA, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the executive law, in relation to granting the attorney general jurisdiction to investigate and prosecute police misconduct 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 16 to read as follows: 16. INVESTIGATE THE ALLEGED COMMISSION OF ANY CRIMINAL OFFENSE OR OFFENSES COMMITTED BY A POLICE OFFICER IN CONNECTION WITH THE PERFORM- ANCE OF HIS OR HER OFFICIAL DUTIES, AND PROSECUTE ANY SUCH PERSON OR PERSONS BELIEVED TO HAVE COMMITTED SUCH CRIMINAL OFFENSE OR OFFENSES IN CONNECTION WITH THE PERFORMANCE OF HIS OR HER OFFICIAL DUTIES. THE ATTORNEY GENERAL MAY ONLY EXERCISE THE JURISDICTION PROVIDED BY THIS SUBDIVISION UPON A WRITTEN FINDING THAT SUCH JURISDICTION IS NECESSARY BECAUSE; (A) OF A LACK OF ALTERNATIVE PROSECUTORIAL RESOURCES TO ADEQUATELY INVESTIGATE AND PROSECUTE SUCH CRIMINAL OFFENSE OR OFFENSES OR, (B) THE EXERCISE OF SUCH JURISDICTION IS NECESSARY TO ENSURE THE CONFIDENCE OF THE PUBLIC IN THE JUDICIAL SYSTEM. IN ALL SUCH PROCEEDINGS, THE ATTORNEY GENERAL MAY APPEAR IN PERSON OR BY HIS OR HER DEPUTY OR ASSISTANT BEFORE ANY COURT OR GRAND JURY AND EXERCISE ALL OF THE POWERS AND PERFORM ALL OF THE DUTIES WITH RESPECT TO SUCH ACTIONS OR PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM. S 2. This act shall take effect on the ninetieth day after it shall have become a law.

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