New York State Assembly

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S06534 Summary:

BILL NO	S06534
SAME AS	SAME AS A04382
SPONSOR	RIVERA
COSPNSR	SERRANO
MLTSPNSR
Amd S63, Exec L
Grants the attorney general jurisdiction to investigate and prosecute police misconduct upon the request of the governor or the district attorney of the county wherein such misconduct was committed.

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S06534 Actions:

BILL NO	S06534
02/23/2012	REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

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S06534 Floor Votes:

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S06534 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6534
 
                    IN SENATE
 
                                    February 23, 2012
                                       ___________
 
        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment 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 16 to read as follows:
     3    16.    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.
                                                                   LBD05637-01-1

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