New York S 1071: Grants the attorney general jurisdiction to investigate and prosecute police misconduct

Bill Text

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S01071 Summary:

BILL NOS01071 

&nbsp

SAME ASSAME AS A03763

&nbsp

SPONSORRIVERA

&nbsp

COSPNSRCOMRIE, KAVANAGH, PERALTA, SEPULVEDA, SERRANO

&nbsp

MLTSPNSR

&nbsp

Amd §63, Exec L

&nbsp

Grants the attorney general jurisdiction to investigate and prosecute police misconduct.

Go to topS01071 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1071

 2017-2018 Regular Sessions

 IN SENATE

 January 6, 2017
 ___________

 Introduced by Sens. RIVERA, COMRIE, PERALTA, PERKINS, SERRANO -- read
 twice and ordered printed, and when printed to be committed to the
 Committee on Investigations and Government 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:

 1 Section 1. Section 63 of the executive law is amended by adding a new
 2 subdivision 17 to read as follows:
 3 17. Investigate the alleged commission of any criminal offense or
 4 offenses committed by a police officer in connection with the perform-
 5 ance of his or her official duties, and prosecute any such person or
 6 persons believed to have committed such criminal offense or offenses in
 7 connection with the performance of his or her official duties. The
 8 attorney general may only exercise the jurisdiction provided by this
 9 subdivision upon a written finding that such jurisdiction is necessary
 10 because: (a) of a lack of alternative prosecutorial resources to
 11 adequately investigate and prosecute such criminal offense or offenses
 12 or, (b) the exercise of such jurisdiction is necessary to ensure the
 13 confidence of the public in the judicial system. In all such
 14 proceedings, the attorney general may appear in person or by his or her
 15 deputy or assistant before any court or grand jury and exercise all of
 16 the powers and perform all of the duties with respect to such actions or
 17 proceedings which the district attorney would otherwise be authorized or
 18 required to exercise or perform.
 19 § 2. This act shall take effect on the ninetieth day after it shall
 20 have become a law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00944-01-7

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