S03010 Summary:

BILL NOS03010
 
SAME ASSAME AS A09038
 
SPONSORSANDERS
 
COSPNSR
 
MLTSPNSR
 
 
Establishes a special prosecutor to investigate and prosecute matters involving the death of an unarmed civilian caused by a law enforcement officer.
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S03010 Actions:

BILL NOS03010
 
01/31/2019REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/08/2020REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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S03010 Committee Votes:

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S03010 Floor Votes:

There are no votes for this bill in this legislative session.
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S03010 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3010
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 31, 2019
                                       ___________
 
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
 
        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09163-01-9

        S. 3010                             2
 
     1  and may prescribe their powers and fix  their  compensation  within  the
     2  amounts appropriated therefor.
     3    4.  The special prosecutor shall have the following special functions,
     4  powers and duties:
     5    (a) To exercise all the prosecutorial powers necessary to investigate,
     6  and if warranted, prosecute any death of an unarmed civilian caused by a
     7  police officer.  The special prosecutor's jurisdiction will displace and
     8  supersede the jurisdiction of the county  district  attorney  where  the
     9  incident occurred; and such county district attorney shall have only the
    10  powers and duties designated to him or her by the special prosecutor;
    11    (b)  To  attend  in  person,  a term or terms of the county or supreme
    12  court to be held in and for the county of such appropriate  jurisdiction
    13  consistent  with  this act; appear in person before any grand jury drawn
    14  for any term or terms of said court, for the purpose of  conducting  any
    15  and  all proceedings, examinations, and inquiries; and bring any and all
    16  criminal actions and proceedings which may be had or taken  before  said
    17  grand  jury and other grand juries concerning or relating to any and all
    18  alleged unlawful acts as described by this act;
    19    (c) To conduct a full, reasoned, and independent investigation includ-
    20  ing, but not limited to, (i)  gathering  and  analyzing  evidence,  (ii)
    21  conducting   witness   interviews,  and  (iii)  reviewing  investigative
    22  reports, scientific reports, and audio and video recordings;
    23    (d) To report to the governor and the legislature on all cases  where,
    24  (i)  the special prosecutor declines to present evidence to a grand jury
    25  regarding the death of a civilian, whether in custody or not,  allegedly
    26  caused by a police officer, or (ii) the grand jury declines to return an
    27  indictment on any charges. The report will include, to the extent possi-
    28  ble  and  lawful, an explanation of that outcome and any recommendations
    29  for systemic reform arising from the investigation;
    30    (e) To make an annual report to the governor, the attorney general and
    31  the legislature concerning such work during the preceding year,  and  to
    32  make  such  further interim reports to them as they or any of them shall
    33  deem advisable or require; and
    34    (f) To do all things necessary or convenient to carry  out  the  func-
    35  tions, powers and duties set forth in this act.
    36    §  2.  This  act  shall take effect on the sixtieth day after it shall
    37  have become a law.
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