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A05261 Summary:

BILL NOA05261
 
SAME ASNo Same As
 
SPONSORAbinanti
 
COSPNSR
 
MLTSPNSR
 
Amd §63, Exec L
 
Relates to granting the attorney general jurisdiction to investigate and prosecute police misconduct.
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A05261 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5261
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 12, 2021
                                       ___________
 
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee 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.
                                                                   LBD01091-01-1
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