Senate Bill S5592A

2015-2016 Legislative Session

Establishes the office of special investigation within the department of law

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2015-S5592 - Details

See Assembly Version of this Bill:
A6509
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §70-b, Exec L; amd §190.25, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S3497
2019-2020: S2189
2021-2022: S3317
2023-2024: S1100

2015-S5592 - Summary

Establishes the office of special investigation within the department of law to investigate and prosecute any alleged criminal offense or offenses committed by a police officer or peace officer, concerning the death of any person as a result of any encounter with such police officer or peace officer.

2015-S5592 - Sponsor Memo

2015-S5592 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5592

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 15, 2015
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance

AN ACT to amend the executive law and the  criminal  procedure  law,  in
  relation to establishing the office of special investigation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new  section  70-b
to read as follows:
  S  70-B.  OFFICE  OF SPECIAL INVESTIGATION.   1. THERE SHALL BE ESTAB-
LISHED WITHIN THE DEPARTMENT OF LAW AN OFFICE OF  SPECIAL  INVESTIGATION
WHICH  SHALL  HAVE  THE  POWER  TO INVESTIGATE AND PROSECUTE ANY ALLEGED
CRIMINAL OFFENSE OR OFFENSES COMMITTED BY A POLICE OFFICER AS DEFINED IN
SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW,
OR  A  PEACE  OFFICER  AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, CONCERNING ACTS THAT APPEAR TO  HAVE
INVOLVED  THE USE OF DEADLY FORCE AGAINST A PERSON WHO NEITHER DISPLAYED
NOR INTENTIONALLY THREATENED THE IMMINENT USE  OF  A  DEADLY  WEAPON  OR
DANGEROUS INSTRUMENT. THE OFFICE SHALL CONDUCT SUCH AN INVESTIGATION AND
MAY  CONDUCT  SUCH  A  PROSECUTION UPON ITS WRITTEN FINDING THAT SUCH IS
APPROPRIATE BECAUSE: (I) THERE IS A LACK  OF  ALTERNATIVE  PROSECUTORIAL
RESOURCES  TO ADEQUATELY INVESTIGATE AND PROSECUTE SUCH CRIMINAL OFFENSE
OR OFFENSES; (II) SUCH INVESTIGATION AND PROSECUTION  CANNOT  BE  EFFEC-
TIVELY  CONDUCTED  BY  THE  DISTRICT  ATTORNEY OF THE COUNTY WHEREIN THE
OFFENSE OR A PORTION THEREOF IS ALLEGED TO HAVE  BEEN  COMMITTED;  (III)
THE  DISTRICT ATTORNEY HAS FAILED OR REFUSED TO EFFECTIVELY CONDUCT SUCH
INVESTIGATION AND PROSECUTION; OR (IV) THE EXERCISE OF SUCH JURISDICTION
IS NECESSARY TO ENSURE THE CONFIDENCE OF  THE  PUBLIC  IN  THE  CRIMINAL
JUSTICE  SYSTEM AND JUDICIAL SYSTEM. THE OFFICE OF SPECIAL INVESTIGATION
WITHIN THE DEPARTMENT OF LAW SHALL BE  HEADED  BY  THE  DEPUTY  ATTORNEY
GENERAL  APPOINTED BY THE ATTORNEY GENERAL PURSUANT TO SUBDIVISION THREE
OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10165-01-5
              

co-Sponsors

2015-S5592A (ACTIVE) - Details

See Assembly Version of this Bill:
A6509
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §70-b, Exec L; amd §190.25, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S3497
2019-2020: S2189
2021-2022: S3317
2023-2024: S1100

2015-S5592A (ACTIVE) - Summary

Establishes the office of special investigation within the department of law to investigate and prosecute any alleged criminal offense or offenses committed by a police officer or peace officer, concerning the death of any person as a result of any encounter with such police officer or peace officer.

2015-S5592A (ACTIVE) - Sponsor Memo

2015-S5592A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5592--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 15, 2015
                               ___________

Introduced  by Sens. HASSELL-THOMPSON, PERKINS -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Finance
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the executive law and the  criminal  procedure  law,  in
  relation to establishing the office of special investigation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new  section  70-b
to read as follows:
  S  70-B.  OFFICE  OF SPECIAL INVESTIGATION.   1. THERE SHALL BE ESTAB-
LISHED WITHIN THE DEPARTMENT OF LAW AN OFFICE OF  SPECIAL  INVESTIGATION
WHICH  SHALL  HAVE  THE  POWER  TO INVESTIGATE AND PROSECUTE ANY ALLEGED
CRIMINAL OFFENSE OR OFFENSES COMMITTED BY A POLICE OFFICER AS DEFINED IN
SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW,
OR  A  PEACE  OFFICER  AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, CONCERNING THE DEATH OF  ANY  PERSON
THAT  RESULTED  FROM OR POTENTIALLY RESULTED FROM INJURIES THAT OCCURRED
OR MAY HAVE OCCURRED AS A RESULT OF ANY ENCOUNTER WITH SUCH POLICE OFFI-
CER OR PEACE OFFICER. THE OFFICE SHALL CONDUCT SUCH AN INVESTIGATION AND
MAY CONDUCT SUCH A PROSECUTION UPON ITS WRITTEN  FINDING  THAT  SUCH  IS
APPROPRIATE  BECAUSE:  (I)  THERE IS A LACK OF ALTERNATIVE PROSECUTORIAL
RESOURCES TO ADEQUATELY INVESTIGATE AND PROSECUTE SUCH CRIMINAL  OFFENSE
OR  OFFENSES;  (II)  SUCH INVESTIGATION AND PROSECUTION CANNOT BE EFFEC-
TIVELY CONDUCTED BY THE DISTRICT ATTORNEY  OF  THE  COUNTY  WHEREIN  THE
OFFENSE  OR  A  PORTION THEREOF IS ALLEGED TO HAVE BEEN COMMITTED; (III)
THE DISTRICT ATTORNEY HAS FAILED OR REFUSED TO EFFECTIVELY CONDUCT  SUCH
INVESTIGATION AND PROSECUTION; OR (IV) THE EXERCISE OF SUCH JURISDICTION
IS  NECESSARY  TO  ENSURE  THE  CONFIDENCE OF THE PUBLIC IN THE CRIMINAL
JUSTICE SYSTEM AND JUDICIAL SYSTEM. THE OFFICE OF SPECIAL  INVESTIGATION
WITHIN  THE  DEPARTMENT  OF  LAW  SHALL BE HEADED BY THE DEPUTY ATTORNEY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10165-04-5
              

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