Establishes the office of special crimes investigator

BILL NUMBER:S3685

Title of bill

An act to amend the executive law, in relation to establishing the office of special crimes investigator

Purpose or general idea of bill

The purpose of this legislation is to establish the office of special crimes investigator.

Summary of specific provisions

This bill would create a new office within the department of law, separate and apart from the already existing "internal affairs unit" the office of Special Crimes Investigator. The head of the office shall be the special crimes investigator, who shall be appointed by the governor, by and with the advice and consent of the senate. The investigator shall serve for a term of five years unless removed by the governor for neglect or malfeasance by the senate upon a vote of two-thirds of its members. Will appoint such deputies, directors, assistants and other officers and employees as may be needed for the performance of his or her duties and may prescribe their powers and fix their compensation within the amounts appropriated therefor; to conduct and supervise investigations relating to the commission of extraordinary crimes, including but not limited to, shootings by police officers while in the line of duty. To keep the governor, attorney general, state comptroller, temporary president of the senate, minority leader of the senate, speaker of the assembly and the minority leader of the assembly, apprised of such investigations; to make information and evidence relating to criminal acts which he or she may obtain in carry out his or her duties available to the appropriate officials, to consult with the attorney general and local district attorneys to coordinate investigations and criminal prosecutions; and to subpoena witnesses, administer oaths or affirmations, take testimonies and compel the production of such books, papers, records and documents as he or she may deem to be relevant to an investigation undertaken pursuant to his section. Cooperation of agency officials and employees. In addition to the authority otherwise provided by this section, the investigator, in carrying out the provisions of this section, is authorized: to have full and unrestricted access to all records, reports, audits, reviews, documents, papers, recommendations or other material available to state and local law enforcement agencies relating to extraordinary crimes with respect to which the investigator has responsibilities under this section; to make such investigations relating to extraordinary crimes as are in the judgment of the investigator, necessary or desirable and to request such information, assistance and cooperation from any federal, state or local governmental department, board, bureau, commission, or other agency or unit thereof as may be necessary for carrying out the duties and responsibilities enjoined upon him or her by this section. State and local agencies or units thereof are hereby authorized and directed to provide such information, assistance and cooperation.

Justification

Akin to the position of "Special Prosecutor", Appointing a "Special Crimes Investigator" to investigate special cases that involve but are not limited to law enforcement would give the feeling of autonomy and the spirit of nonpartisanship to these cases. A "Special Crimes Investigator" would have the freedom to research and hash out the details of the cases put before them without the fear of reprisal that accompanies internal departmental investigations such as over stepping chain of command and would relieve the sluggishness that is attached to waiting for with having to wait for approval from within.

Legislative history

2010: S.6230 Held in Finance

Fiscal implications for state and local governments

To be determined.

Effective date

This act shall take effect immediately.