Creates a temporary state commission to examine and assess police brutality in the state of NY and to make recommendations relative to the alleviation thereof; provides for the repeal of such provisions upon the expiration thereof; appropriates $100,000 therefor; provides for the appointment of a special prosecutor to investigate and prosecute police misconduct and brutality.
STATE OF NEW YORK
________________________________________________________________________
S. 1647 A. 2624
2001-2002 Regular Sessions
SENATE - ASSEMBLY
January 24, 2001
___________
IN SENATE -- Introduced by Sen. PATERSON -- read twice and ordered
printed, and when printed to be committed to the Committee on Finance
IN ASSEMBLY -- Introduced by M. of A. GREENE -- read once and referred
to the Committee on Governmental Operations
AN ACT to create a temporary state commission to examine and assess the
use of excessive force by law enforcement in the state of New York, to
make recommendations relative to the alleviation thereof and providing
for the repeal of certain provisions upon the expiration thereof, and
making an appropriation therefor, and to amend the county law, in
relation to providing for the appointment of a special prosecutor to
investigate and prosecute charges of police misconduct and brutality
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. In New York state, as well as the rest of the nation, the
2 number of reported cases of the use of excessive force by law enforce-
3 ment has increased. The number of police misconduct claims filed with
4 the New York city comptroller's office has been increasing since the
5 late 1980s from 977 complaints in 1987 to more than 2,000 in 1996.
6 Although some of the allegations may be false or exaggerated, the sharp
7 increase in complaints is reason for concern, especially since it is
8 likely that much law enforcement misconduct goes unreported.
9 Many examples of excessive use of force by law enforcement can be
10 cited. Two disturbing examples involve the notorious cases of Anthony
11 Baez and Abner Louima. Anthony Baez, a 29-year-old of Puerto Rican
12 descent, died of injuries sustained during his arrest in December 1994.
13 Witness accounts indicate that the choke-hold used on Baez was unpro-
14 voked and unnecessary. Police officer Francis Livoti was sentenced in
15 federal court to seven years in prison for Baez's death. Officer Livoti
16 had 14 civilian complaints of brutality in his file and was convicted in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01446-01-1
S. 1647 2 A. 2624
1 state court for beating a teenager in 1993 for driving a go-cart on a
2 sidewalk.
3 Four officers were charged with civil rights violations in the federal
4 case of Abner Louima, a Haitian immigrant. According to the indictment,
5 the assault on Louima involved the officers "shoving a wooden stick into
6 his rectum and mouth while his hands were handcuffed behind his back."
7 Louima suffered a torn bladder and intestine and required several
8 surgeries to repair the damage. Two of the officers were also charged
9 with civil rights violations for falsely arresting eyewitness Patrick
10 Antoine, who saw Louima being taken into custody. In addition, the
11 indictment also charges an officer with beating Antoine outside the club
12 and with obstruction of justice for allegedly threatening Louima to keep
13 him from talking about the assault.
14 In its 1996 paper, "Police Brutality and Excessive Force in the New
15 York City Police Department," Amnesty International reports that the
16 information it collected suggests that police brutality and unnecessary
17 force are widespread problems in New York city. The paper recommends an
18 independent inquiry into allegations of the use of excessive force by
19 the New York City Police Department to examine the concerns raised in
20 this report.
21 Although the Civilian Complaint Review Board investigates complaints
22 against the New York city police, it has had problems since its estab-
23 lishment in 1993. The Civilian Complaint Review Board substantiates few
24 complaints, and when it has done so, the police commissioner has often
25 dismissed them. In addition the board recently acknowledged that more
26 than 100 cases of police misconduct were substantiated but were never
27 forwarded to the police department.
28 § 2. a. A temporary state commission is hereby created to be known as
29 "the commission on the use of excessive force by law enforcement". The
30 commission shall consist of eleven members to be appointed as follows:
31 three members shall be appointed by the governor; two members shall be
32 appointed by the temporary president of the senate; two members shall be
33 appointed by the minority leader of the senate; and two members shall be
34 appointed by the speaker of the assembly and two members shall be
35 appointed by the minority leader of the assembly. Any vacancy that
36 occurs in the commission shall be filled in the same manner in which the
37 original appointment was made. The commission shall select from its
38 membership a chairman and a vice chairman.
39 b. No member, officer or employee of the commission shall be disquali-
40 fied from holding any other public office or employment, nor shall he
41 forfeit any such office or employment by reason of his appointment here-
42 under, notwithstanding the provisions of any general, special or local
43 law, ordinance or city charter.
44 § 3. The commission may employ and at pleasure remove such personnel
45 as it may deem necessary for the performance of its functions and fix
46 their compensation within the amounts made available therefor.
47 § 4. The commission may meet within and without the state, shall hold
48 public hearings, and shall have all the powers of a legislative commit-
49 tee pursuant to the legislative law.
50 § 5. The members of the commission shall receive no compensation for
51 their services but shall be allowed their actual and necessary expenses
52 incurred in the performance of their duties hereunder.
53 § 6. To the maximum extent feasible, the commission shall be entitled
54 to request and receive and shall utilize and be provided with such
55 facilities, resources and data of any court, department, division,
56 board, bureau, commission or agency of the state or any political subdi-
S. 1647 3 A. 2624
1 vision thereof as it may reasonably request to carry out properly its
2 powers and duties hereunder.
3 § 7. The commission shall undertake a comprehensive study of the
4 existence of the use of excessive force by law enforcement throughout
5 the state of New York and make recommendations with respect to the
6 eradication of such actions, such recommendations shall include but not
7 be limited to training, funding, recruiting requirements and any other
8 relevant data necessary to the elimination of police brutality.
9 § 8. The commission shall make a report to the governor and the legis-
10 lature of its findings, conclusions and recommendations no later than
11 September 1, 2003 and shall submit with its report such legislative
12 proposals as it deems necessary to implement its recommendations.
13 § 9. The commission shall continue in existence until September 1,
14 2003, at which time it shall be deemed to be repealed.
15 § 10. The sum of one hundred thousand dollars ($100,000), or so much
16 thereof as may be necessary, is hereby appropriated to pay the expenses
17 including personal service, in carrying out the provisions of this act.
18 Such moneys shall be payable out of the state treasury after audit by
19 and on the warrant of the comptroller upon vouchers certified or
20 approved by the chairman or vice chairman of the temporary state commis-
21 sion on police brutality as prescribed by law.
22 § 11. The county law is amended by adding a new section 702-b to read
23 as follows:
24 § 702-b. Special county prosecutor for police brutality or misconduct.
25 1. Whenever the district attorney of any county receives a criminal
26 complaint, a civilian complaint or an accusatory instrument on a police
27 officer, as defined in section 1.20 of the criminal procedure law, a
28 superior or criminal court in the county wherein the action may become
29 triable shall have the authority to appoint a special prosecutor to
30 investigate and where appropriate prosecute charges of police misconduct
31 or brutality. The superior or criminal court may by order appoint an
32 attorney at law having an office in or residing in the county, to act as
33 special prosecutor, or in the case of Orleans county the attorney at law
34 may be appointed from an adjoining county, to act as special prosecutor
35 for police brutality or misconduct.
36 2. When a special prosecutor is appointed pursuant to this section,
37 the appointment shall be for all purposes, including disposition, and
38 any appeals.
39 3. A special prosecutor appointed pursuant to this section shall
40 possess all the powers of an assistant district attorney under section
41 1.20 of the criminal procedure law, or of an assistant attorney general
42 pursuant to article five of the executive law.
43 § 12. This act shall take effect immediately.
