Provides for the creation of an office of special investigation within the department of law to conduct special investigations where an unarmed civilian is killed by a law enforcement officer.
STATE OF NEW YORK
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3549
2017-2018 Regular Sessions
IN SENATE
January 24, 2017
___________
Introduced by Sens. STEWART-COUSINS, COMRIE, GIANARIS, HOYLMAN, KRUEGER,
PERKINS, SERRANO, SQUADRON -- 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 creating an office of
special investigation within the department of law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 63-e
2 to read as follows:
3 § 63-e. Office of special investigation. There is established within
4 the department of law an office of special investigation. Notwithstand-
5 ing any other provision of this article, the office shall investigate
6 any case in which the death of an unarmed civilian is caused by a police
7 officer during the performance of his or her duties. Such office may
8 also be petitioned to take over a case under extraordinary circumstances
9 when the above criteria are not extent. Proceedings of the office under
10 this section shall be conducted by the deputy attorney general for
11 special investigation, who may appear in person or by his or her deputy
12 or assistant before any court or grand jury and exercise all of the
13 powers and perform all of the duties with respect to such actions or
14 proceedings which the district attorney would otherwise be authorized or
15 required to exercise or perform. Where an investigation required under
16 this section involves the state police, the attorney general shall
17 appoint an independent special prosecutor to conduct such investigation.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02749-01-7