STATE OF NEW YORK
________________________________________________________________________
6819
2021-2022 Regular Sessions
IN ASSEMBLY
April 8, 2021
___________
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 his or her office; gross
10 inefficiency, typified by a lack of ability to properly conduct investi-
11 gations and prosecutions; neglect of duty; malfeasance; conviction of a
12 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 his or her full time and effort exclu-
18 sively to investigations and prosecutions of any death of an unarmed
19 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.
LBD05262-01-1
A. 6819 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 him or her by the special prosecutor;
9 (b) To attend in person, a term or terms of the county or supreme
10 court to be held in and for the county of such appropriate jurisdiction
11 consistent with this act; appear in person before any grand jury drawn
12 for any term or terms of said court, for the purpose of conducting any
13 and all proceedings, examinations, and inquiries; and bring any and all
14 criminal actions and proceedings which may be had or taken before said
15 grand jury and other grand juries concerning or relating to any and all
16 alleged unlawful acts as described by this act;
17 (c) To conduct a full, reasoned, and independent investigation includ-
18 ing, but not limited to, (i) gathering and analyzing evidence, (ii)
19 conducting witness interviews, and (iii) reviewing investigative
20 reports, scientific reports, and audio and video recordings;
21 (d) To report to the governor and the legislature on all cases where,
22 (i) the special prosecutor declines to present evidence to a grand jury
23 regarding the death of a civilian, whether in custody or not, allegedly
24 caused by a police officer, or (ii) the grand jury declines to return an
25 indictment on any charges. The report will include, to the extent possi-
26 ble and lawful, an explanation of that outcome and any recommendations
27 for systemic reform arising from the investigation;
28 (e) To make an annual report to the governor, the attorney general and
29 the legislature concerning such work during the preceding year, and to
30 make such further interim reports to them as they or any of them shall
31 deem advisable or require; and
32 (f) To do all things necessary or convenient to carry out the func-
33 tions, powers and duties set forth in this act.
34 § 2. This act shall take effect on the sixtieth day after it shall
35 have become a law.
