Bill S3921-2011

Relates to the duties of the state police when there is an offense by a police officer that results in serious physical injuries to another person

Relates to the duties of the state police when there is an offense by a police officer that results in serious physical injuries to another person.

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  • Jan 4, 2012: REFERRED TO FINANCE
  • Mar 9, 2011: REFERRED TO FINANCE

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BILL NUMBER:S3921

TITLE OF BILL: An act to amend the executive law, in relation to the duties of the state police when there is an offense by a police officer that results in serious physical injuries to another person

PURPOSE: To authorize the Division of State Police to take control of any crime scene involving an offense by a police officer resulting in serious physical injury to another person and undertake a criminal investigation in cooperation with the Attorney General.

SUMMARY OF PROVISIONS: Authorizes the Division of State Police, in instances where a police officer is involved in conduct resulting in serious physical injury to another person, to secure and freeze the scene of such a crime; prevent, investigate and detect violations of the criminal laws of the state by a police officer; and cooperate with the Attorney General in the investigation and criminal prosecution of any such offense by a police officer.

EXISTING LAW: Under provisions of current law, the investigation and prosecution of state crimes by municipal police officers is undertaken by the local district attorney.

JUSTIFICATION: The way that police misconduct and brutality complaints are investigated and prosecuted is in dire and overdue need of systemic change, if the confidence level that members of the public particularly minority populations across the state--have in their local police departments is to improve. A corollary to the independent prosecution of any serious criminal offense committed by police officer is that the investigation of the underlying crime need be undertaken by a law enforcement agency at arm's length from the accused officer's local department.

The inherent conflict that is present in a local prosecuting agency's investigation and prosecution of a serious criminal offense alleged to have been committed by a municipal police officer, namely that the symbiotic relationship that unmistakably exists between local district attorney offices and their affiliated municipal police agencies interferes and compromises the objective management and conduct of criminal proceedings against a police officer, cries out for the reform of current procedures and processes currently employed in the state to prosecute crimes committed by police officers--particularly offenses against civilians involving physical injury. Improving the relations between local police departments and community residents demands no less.

LEGISLATIVE HISTORY: S.5053 of 2010: Reported and Committed to Rules

FISCAL IMPLICATIONS:

To be determined.

LOCAL FISCAL IMPLICATIONS: The financial burden of local prosecution of police brutality cases would be relieved of municipalities and borne, instead, by the state.

EFFECTIVE DATE: Immediately, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 3921 2011-2012 Regular Sessions IN SENATE March 9, 2011 ___________
Introduced by Sen. SMITH -- 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 the duties of the state police when there is an offense by a police officer that results in serious physical injuries to another person THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 223 of the executive law is amended by adding three new subdivisions 3, 4 and 5 to read as follows: 3. IT SHALL BE THE DUTY OF THE SUPERINTENDENT OF THE STATE POLICE AND OF MEMBERS OF THE STATE POLICE TO SECURE AND FREEZE THE SCENE OF ANY CRIME INVOLVING AN OFFENSE BY A POLICE OFFICER RESULTING IN SERIOUS PHYSICAL INJURY, AS SUCH TERM IS DEFINED IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW, TO ANOTHER PERSON. FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISIONS FOUR AND FIVE OF THIS SECTION, THE TERM "POLICE OFFICER" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW. 4. IT SHALL BE THE DUTY OF THE SUPERINTENDENT OF THE STATE POLICE AND OF MEMBERS OF THE STATE POLICE TO PREVENT, INVESTIGATE AND DETECT VIOLATIONS OF THE CRIMINAL LAWS OF THIS STATE BY ANY POLICE OFFICER THAT WOULD OR DO RESULT IN SERIOUS PHYSICAL INJURY, AS SUCH TERM IS DEFINED IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW, TO ANOTHER PERSON. 5. IT SHALL BE THE DUTY OF THE SUPERINTENDENT OF THE STATE POLICE AND OF MEMBERS OF THE STATE POLICE TO COOPERATE WITH THE ATTORNEY GENERAL IN THE INVESTIGATION AND CRIMINAL PROSECUTION OF ANY OFFENSE BY A POLICE OFFICER RESULTING IN SERIOUS PHYSICAL INJURY, AS SUCH TERM IS DEFINED IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW, TO ANOTHER PERSON. S 2. The opening paragraph of section 223 of the executive law is designated subdivision 1 and three new subdivisions 2, 3 and 4 are added to read as follows:
2. IT SHALL BE THE DUTY OF THE SUPERINTENDENT OF THE STATE POLICE AND OF MEMBERS OF THE STATE POLICE TO SECURE AND FREEZE THE SCENE OF ANY CRIME INVOLVING AN OFFENSE BY A POLICE OFFICER RESULTING IN SERIOUS PHYSICAL INJURY, AS SUCH TERM IS DEFINED IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW, TO ANOTHER PERSON. FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISIONS THREE AND FOUR OF THIS SECTION, THE TERM "POLICE OFFICER" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW. 3. IT SHALL BE THE DUTY OF THE SUPERINTENDENT OF THE STATE POLICE AND OF MEMBERS OF THE STATE POLICE TO PREVENT, INVESTIGATE AND DETECT VIOLATIONS OF THE CRIMINAL LAWS OF THIS STATE BY ANY POLICE OFFICER THAT WOULD OR DO RESULT IN SERIOUS PHYSICAL INJURY, AS SUCH TERM IS DEFINED IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW, TO ANOTHER PERSON. 4. IT SHALL BE THE DUTY OF THE SUPERINTENDENT OF THE STATE POLICE AND OF MEMBERS OF THE STATE POLICE TO COOPERATE WITH THE ATTORNEY GENERAL IN THE INVESTIGATION AND CRIMINAL PROSECUTION OF ANY OFFENSE BY A POLICE OFFICER RESULTING IN SERIOUS PHYSICAL INJURY, AS SUCH TERM IS DEFINED IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW, TO ANOTHER PERSON. S 3. This act shall take effect immediately, provided that the amend- ments to section 223 of the executive law made by section one of this act shall be subject to the expiration and reversion of such section pursuant to section 3 of chapter 428 of the laws of 1999, as amended, when upon such date the provisions of section two of this act shall take effect.

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