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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A740
SPONSOR: Aubry 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::
The purpose of this legislation is to authorize the attorney general to
investigate and prosecute the alleged commission of any criminal offense
or offenses committed by police officers in connection with the perform-
ance of their regular duties under limited, specific circumstances.
SUMMARY OF PROVISIONS::
Section 1: Amends section 63 of the executive law by adding a new subdi-
vision 17.
Section 2: Sets forth the effective date.
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.
LEGISLATIVE HISTORY::
2021-2022: Referred to Codes in 2021 and Referred to Codes in 2022.
2019-2020: Referred to Codes in 2019 and Referred to Codes in 2020.
2017-2018: Referred to Codes in 2017 and Referred to Codes in 2018.
2015-2016: Referred to Codes in 2015 and Referred to Codes in 2016.
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.
STATE OF NEW YORK
________________________________________________________________________
740
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Codes
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.
LBD01569-01-3
