Relates to the duties of the state police when there is an offense by a police officer that results in serious physical injuries to another person

1 Co-sponsor

• Pedro Espada Jr.

Title of bill

An act to amend the executive law, in relation to the duties of the state police when there is an offense by a police officer that results in serious physical injuries to another person

Purpose

To authorize the Division of State Police to take control of any crime scene involving an offense by a police officer resulting in serious physical injury to another person and undertake a criminal investigation in cooperation with the Attorney General.

Summary of provisions

Authorizes the Division of State Police, in instances where a police officer is involved in conduct resulting in serious physical injury to another person, to secure and freeze the scene of such a crime; prevent, investigate and detect violations of the criminal laws of the state by a police officer; and cooperate with the Attorney General in the investigation and criminal prosecution of any such offense by a police officer.

Existing law

Under provisions of current law, the investigation and prosecution of state crimes by municipal police officers is undertaken by the local district attorney.

Justification

The way that police misconduct and brutality complaints are investigated and prosecuted is in dire and overdue need of systemic change, if the confidence level that members of the public-particularly minority populations across the state--have in their local police departments is to improve. A corollary to the independent prosecution of any serious criminal offense committed by police officer is that the investigation of the underlying crime need be undertaken by a law enforcement agency at arm's length from the accused officer's local department.

The inherent conflict that is present in a local prosecuting agency's investigation and prosecution of a serious criminal offense alleged to have been committed by a municipal police officer, namely that the symbiotic relationship that unmistakably exists between local district attorney offices and their affiliated municipal police agencies interferes and compromises the objective management and conduct of criminal proceedings against a police officer, cries out for the reform of current procedures and processes currently employed in the state to prosecute crimes committed by police officers--particularly offenses against civilians involving physical injury. Improving the relations between local police departments and community residents demands no less.

Legislative history

New bill.

Fiscal implications

To be determined.

Local fiscal implications

The financial burden of local prosecution of police brutality cases would be relieved of municipalities and borne, instead, by the state.

Effective date

Immediately.