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S00501 Summary:

BILL NOS00501
 
SAME ASSAME AS A05690
 
SPONSORPALUMBO
 
COSPNSR
 
MLTSPNSR
 
Amd §70-b, Exec L
 
Requires the office of special investigation to conclude investigations into alleged criminal offenses committed by police officers resulting in a death and issue a report within sixty days.
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S00501 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           501
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
 
        AN ACT to amend the executive law, in relation to the office of  special
          investigation

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 2 and 6 of section 70-b of the executive  law,
     2  as  added  by  chapter  95  of  the laws of 2020, are amended to read as
     3  follows:
     4    2. The attorney  general  has  investigative  authority  and  criminal
     5  jurisdiction  under  this section at the time of the death of the person
     6  and the attorney general retains investigative  authority  and  criminal
     7  jurisdiction  over  the  incident unless the attorney general determines
     8  that such incident does not meet the requirements of  this  section.  If
     9  the  attorney general determines the incident does not meet the require-
    10  ments for the attorney general to have investigative authority and crim-
    11  inal jurisdiction pursuant to this section, the attorney general  shall,
    12  [as  soon  as  practicable] within sixty days, provide written notice of
    13  such determination to the district attorney for the county in which  the
    14  incident occurred.
    15    6.  (a)  For  any  incident  under this section, the office of special
    16  investigation shall issue a public report and post  the  report  on  its
    17  website whenever the office of special investigation initiates an inves-
    18  tigation and (i) the office of special investigation declines to present
    19  evidence  to  a  grand  jury or (ii) the office of special investigation
    20  does present evidence to a grand jury but the  grand  jury  declines  to
    21  return indictment on any charges. The report will include, to the extent
    22  possible  and  lawful, the results of the investigation of the incident.
    23  Such report shall be issued within sixty days of the initiation  of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02115-01-5

        S. 501                              2
 
     1  investigation;  provided  that such period may, for good cause shown, be
     2  extended for thirty day intervals.
     3    (b)  The  report  shall also include: (i) with respect to subparagraph
     4  (i) of paragraph (a) of this subdivision, an explanation as to  why  the
     5  office  of special investigation declined to present evidence to a grand
     6  jury; and (ii) any recommendations for systemic or other reforms arising
     7  from the investigation.
     8    § 2. This act shall take effect on the sixtieth  day  after  it  shall
     9  have become a law.
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