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.

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S6534-2011 Actions

• Feb 23, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S6534-2011 Memo

BILL NUMBER:S6534

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.

S6534-2011 Text

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

                                    6534

                              I N  SENATE

                              February 23, 2012
                                 ___________

  Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
    printed to be committed to the Committee on Investigations and Govern-
    ment 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.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05637-01-1