Creates the temporary state commission on the use of excessive force by law enforcement; appropriation

Summary of provisions

The commission shall consist of eleven members-three to be appointed by the governor; two each to be appointed by the majority leader and minority leader of the Senate; and two each to be appointed by the speaker and the minority leader of the Assembly. The commission will report its findings to the Governor and the Legislature no later than two years after the effective date.

Justification

In New York State, as well as the rest of the nation, the number of reported cases of police brutality has increased. This act will establish a commission that will examine these cases and make recommendations to alleviate causes of this abuse in New York.

The number of police misconduct claims filed with the New York City's comptroller's office has been increasing since the late 19805. There were 977 complaints in 1987, and more than 2,000 in 1996. Although some of the allegations could potentially be false or exaggerated, the sharp increase in complaints is a reason for concern, especially since it is likely that many incidents of police misconduct go unreported.

Two disturbing examples of the excessive use of force by police involve Anthony Baez and Abner Louima. Anthony Baez, a 29 year old of Puerto Rican descent, died of injuries sustained during his arrest in December 1994. Witness accounts indicate that the chokehold used on Baez was unprovoked and unnecessary. Francis Livoti was sentenced in federal court to seven years in prison for Baez's death. Like many cases of excessive force, the officers involved had a history of excessive force accusations. Livoti had 14 civilian complaints of brutality in his file and was convicted in state court for beating a teenager in 1993 for driving a go-cart on a sidewalk.

Four officers were charged with civil rights violations in the federal case of Abner Louima, a Haitian immigrant. According to the indictment, the assault on Louima involved the officers "shoving a wooden stick into his rectum and mouth while his hands were handcuffed behind his back." Louima suffered a torn bladder and intestine, which required several surgeries to repair the damages. Two of the officers were also charged with civil rights violations for falsely arresting

eyewitnesses and with obstruction of justice for allegedly threatening Louima to keep him from talking about the assault.

In its 1996 "Police Brutality and Excessive Force in the New York City Police Department," Amnesty International reports that the information it collected suggests that police brutality and unnecessary force is a widespread problem in New York City. The paper recommends an independent inquiry into allegations of police brutality and excessive force by the NYPD to examine the concerns raised by this report.

Although the Civilian Complaint Review Board (CCRB) investigates complaints against the New York City police, it has faced many problems since its establishment in 1993. The CCRB substantiates few complaints and when it does the police commissioner has often dismissed them. In addition, last year the board acknowledged that more than 100 cases of police misconduct were substantiated but were never forwarded to the police department.

Legislative history

New bill

Fiscal implications

Includes an appropriation of $100,000.

Effective date

On the one hundred and twentieth day after it shall have become a law.