Requires the attorney general to prosecute New York city police officers charged with a criminal offense in violation of any of the laws of this state.
STATE OF NEW YORK
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4550
2019-2020 Regular Sessions
IN SENATE
March 14, 2019
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Introduced by Sens. PARKER, BAILEY -- read twice and ordered printed,
and when printed to be committed to the Committee on Local Government
AN ACT to amend the county law and the executive law, in relation to
requiring the attorney general to prosecute New York city police offi-
cers charged with a criminal offense in violation of any of the laws
of this state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 700 of the county law, as amended
2 by chapter 560 of the laws of 1991, is amended to read as follows:
3 1. Except as provided in section seven hundred one of this chapter, it
4 shall be the duty of every district attorney to conduct all prosecutions
5 for crimes and offenses, excluding crimes and offenses allegedly commit-
6 ted by police officers employed by a city having a population of one
7 million or more, cognizable by the courts of the county for which he or
8 she shall have been elected or appointed; except when the place of trial
9 of an indictment is changed from one county to another, it shall be the
10 duty of the district attorney of the county where the indictment is
11 found to conduct the trial of the indictment so removed, and it shall be
12 the duty of the district attorney of the county to which such trial is
13 changed to assist in such trial upon the request of the district attor-
14 ney of the county where the indictment was found. He or she shall
15 perform such additional and related duties as may be prescribed by law
16 and directed by the board of supervisors.
17 § 2. Section 700 of the county law is amended by adding a new subdivi-
18 sion 1-a to read as follows:
19 1-a. It shall be the duty of every district attorney to inform the
20 attorney-general of any crimes and offenses allegedly committed by
21 police officers employed by a city having a population of one million or
22 more for further action by the attorney-general, pursuant to subdivision
23 ten-a of section sixty-three of the executive law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10746-01-9
S. 4550 2
1 § 3. Section 63 of the executive law is amended by adding a new subdi-
2 vision 10-a to read as follows:
3 10-a. Prosecute every police officer employed by a city having a popu-
4 lation of one million or more charged with the commission of a criminal
5 offense in violation of any of the laws of this state. In all such
6 proceedings, the attorney-general may appear in person or by his deputy
7 or assistant before any court or any grand jury and exercise all the
8 powers and perform all the duties in respect of such actions or
9 proceedings which the district attorney would otherwise be authorized or
10 required to exercise or perform.
11 § 4. This act shall take effect on the first of November next succeed-
12 ing the date on which it shall have become a law.
