New York A 1684: Establishes a special prosecutor to investigate and prosecute matters involving the death of an unarmed civilian caused by a law enforcement officer

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A01684 Summary:

BILL NOA01684 

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SAME ASSAME AS S01406

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SPONSORTaylor

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COSPNSRMeeks

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MLTSPNSR

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Establishes a special prosecutor to investigate and prosecute matters involving the death of an unarmed civilian caused by a law enforcement officer.

Go to top A01684 Actions:

BILL NOA01684 

&nbsp

01/14/2025referred to codes

01/07/2026referred to codes

Go to topA01684 Committee&nbspVotes:

Go to topA01684 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01684 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1684

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 14, 2025
 ___________

 Introduced by M. of A. TAYLOR -- read once and referred to the Committee
 on Codes

 AN ACT in relation to appointing a special prosecutor to investigate and
 prosecute matters involving the death of an unarmed civilian caused by
 a law enforcement officer

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. 1. The governor, by and with the advice and consent of the
 2 senate, shall within 30 days of the effective date of this act appoint a
 3 special prosecutor to investigate and prosecute any death of an unarmed
 4 civilian caused by a police officer, as defined in subdivision 34 of
 5 section 1.20 of the criminal procedure law. The special prosecutor shall
 6 serve for a term of 3 years unless removed by the governor, after notice
 7 and an opportunity for a hearing, and then only for one or more of the
 8 following reasons: permanent disability which renders the special prose-
 9 cutor incapable of performing the duties of such special prosecutor's
 10 office; gross inefficiency, typified by a lack of ability to properly
 11 conduct investigations and prosecutions; neglect of duty; malfeasance;
 12 conviction of a felony; or conduct involving moral turpitude.
 13 2. Such special prosecutor shall receive an annual salary to be fixed
 14 by law from within the amounts appropriated therefor. Such special
 15 prosecutor shall possess all of the powers of an assistant attorney
 16 general otherwise authorized by this act provided, however that such
 17 special prosecutor shall devote such special prosecutor's full time and
 18 effort exclusively to investigations and prosecutions of any death of an
 19 unarmed civilian caused by a police officer.
 20 3. The special prosecutor may appoint such other deputies, directors,
 21 assistants, and other employees to serve at the special prosecutor's
 22 pleasure and discretion as may be needed for the performance of duties
 23 and may prescribe their powers and fix their compensation within the
 24 amounts appropriated therefor.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00245-01-5

 A. 1684 2

 1 4. The special prosecutor shall have the following special functions,
 2 powers and duties:
 3 (a) To exercise all the prosecutorial powers necessary to investigate,
 4 and if warranted, prosecute any death of an unarmed civilian caused by a
 5 police officer. The special prosecutor's jurisdiction will displace and
 6 supersede the jurisdiction of the county district attorney where the
 7 incident occurred; and such county district attorney shall have only the
 8 powers and duties designated to such county district attorney by the
 9 special prosecutor;
 10 (b) To attend in person, a term or terms of the county or supreme
 11 court to be held in and for the county of such appropriate jurisdiction
 12 consistent with this act; appear in person before any grand jury drawn
 13 for any term or terms of said court, for the purpose of conducting any
 14 and all proceedings, examinations, and inquiries; and bring any and all
 15 criminal actions and proceedings which may be had or taken before said
 16 grand jury and other grand juries concerning or relating to any and all
 17 alleged unlawful acts as described by this act;
 18 (c) To conduct a full, reasoned, and independent investigation includ-
 19 ing, but not limited to, (i) gathering and analyzing evidence, (ii)
 20 conducting witness interviews, and (iii) reviewing investigative
 21 reports, scientific reports, and audio and video recor