Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
ordered to third reading cal.247 returned to assembly died in senate |
Jun 16, 2015 |
referred to rules delivered to senate passed assembly |
Jun 15, 2015 |
ordered to third reading rules cal.465 rules report cal.465 reported reported referred to rules |
Jun 08, 2015 |
reported referred to ways and means |
Jun 05, 2015 |
print number 6509a |
Jun 05, 2015 |
amend and recommit to codes |
Mar 25, 2015 |
referred to codes |
Assembly Bill A6509A
2015-2016 Legislative Session
Sponsored By
WRIGHT
Archive: Last Bill Status - On Floor Calendar
- 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
Actions
Bill Amendments
co-Sponsors
Jeffrion Aubry
Walter T. Mosley
2015-A6509 - Details
2015-A6509 - 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-A6509 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6509 2015-2016 Regular Sessions I N A S S E M B L Y March 25, 2015 ___________ Introduced by M. of A. WRIGHT, AUBRY, MOSLEY -- read once and referred to the Committee on Codes 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
Jeffrion Aubry
Walter T. Mosley
Ellen C. Jaffee
Erik Dilan
2015-A6509A (ACTIVE) - Details
2015-A6509A (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-A6509A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6509--A 2015-2016 Regular Sessions I N A S S E M B L Y March 25, 2015 ___________ Introduced by M. of A. WRIGHT, AUBRY, MOSLEY -- read once and referred to the Committee on Codes -- 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. LBD10165-05-5
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