NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7899
SPONSOR: Simon TITLE OF BILL:
An act to amend the executive law, in relation to granting the attor-
ney-general jurisdiction to investigate and prosecute police misconduct
PURPOSE OR GENERAL IDEA OF BILL:
To ensure a fair and impartial investigation and/or prosecution of a
police officer accused of a crime, whether or not in connection with the
performance of his/her duties, by authorizing and requiring the attor-
ney-general to investigate and/or prosecute such criminal offenses as
necessary.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends Executive Law Section 63 by adding a new
subdivision 17 to:
1. Require the attorney-general to investigate the alleged commission of
any criminal offense by a police officer whether or not in connection
with the performance of his/her regular duties and prosecute any such
person.
2. Authorize the attorney-general to appear before any court and/or
grand jury thereof for said purposes except that the court and/or grand
jury shall be located outside of the county in which the offense(s) is
alleged to have been committed.
3. Provide that the district attorneys in the county where the
offense(s) is alleged to have been committed and the county in which the
attorney general investigates/prosecutes the offense(s) shall provide
only such assistance as the attorney-general requires.
4. Provide that all expenses incurred by the attorney-general in such
proceedings shall be borne by the county in which the offense(s) is
alleged to have been committed and would have otherwise been
investigated/prosecuted.
JUSTIFICATION:
All police officers should receive the same protections and treatment
under the law as the general public. To maintain the trust and confi-
dence of police officers and the public, the criminal justice system
must be fair, impartial and free of even the appearance of bias.
District attorneys work closely with local law enforcement agencies and
are expected to have good working relationships with them. They face a
conflict of interest, or at least the appearance of a conflict of inter-
est, in investigations or prosecutions of alleged criminal offenses
committed by police officers in agencies in their jurisdiction.
District attorneys are also part of their local communities. To ensure
that local sentiment and pressures do not affect - or appear to affect a
police officer from receiving a fair and impartial investigation and/or
prosecution, these proceedings must be placed in the hands of the state-
wide attorney general. This legislation is necessary to help ensure the
effective investigation and if necessary, fair prosecutions of alleged
criminal conduct committed by police officers and maintain the police
officers' and public's trust and confidence in the judicial system.
PRIOR LEGISLATIVE HISTORY:
2021-22: A5261 Abinanti --referred to governmental operations
2019-20: A1869 Abinanti-referred to governmental operations
2018-17: A1941 Abinanti-referred to governmental operations
2016-15: A4321 Abinanti-referred to governmental operations
FISCAL IMPLICATIONS:
Limited additional costs readily absorbed by the Dept of Law.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become a
law.
STATE OF NEW YORK
________________________________________________________________________
7899
2023-2024 Regular Sessions
IN ASSEMBLY
July 19, 2023
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to granting the attor-
ney-general jurisdiction to investigate and prosecute police miscon-
duct
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 by a police officer as defined in subdivision seven of section
5 eight hundred thirty-five of this chapter, whether or not in connection
6 with the performance of his or her official duties, and prosecute any
7 such person or persons believed to have committed such criminal offense
8 or offenses. In all such proceedings, the attorney-general may appear in
9 person, or by his or her deputy or assistant, before any court or grand
10 jury thereof and exercise all of the powers and perform all of the
11 duties with respect to such actions or proceedings which a district
12 attorney would otherwise be authorized or required to exercise or
13 perform, provided however that the court and/or grand jury not be
14 located within the county where the criminal offense is alleged to have
15 occurred. In any of such actions or proceedings, the district attorney
16 for the county where the criminal offense is alleged to have occurred
17 and the district attorney for the county in which the court is located
18 shall only exercise such powers and perform such duties as are required
19 of him or her by the attorney-general or the deputy or assistant attor-
20 ney-general so attending. In all such proceedings, all expenses incurred
21 by the attorney-general, including the salary or other compensation of
22 all deputies and assistants employed, shall be a charge against the
23 county where the matter would otherwise have been prosecuted.
24 § 2. This act shall take effect on the ninetieth day after it shall
25 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09786-01-3
