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History
- Referred to investigations and government operations
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act in relation to appointing a special prosecutor to investigate and prosecute matters involving the death of an unarmed civilian caused by a law enforcement officer
Purpose
To establish a special prosecutor to investigate and prosecute matters involving the death of an unarmed civilian caused by a law enforcement officer.
Summary of provisions
Section 1 provides the governor, by and with the advice and consent of the senate, shall within 30 days of the effective date of this act appoint a special prosecutor to investigate and prosecute any death of an unarmed civilian caused by a police officer. The special prosecutor shall have a term of 3 years, unless removed by the governor after notice and an opportunity for a hearing, and only for one of the following reasons: permanent disability, gross inefficiency, neglect of duty, malfeasance, conviction of a felony or conduct involving moral turpitude.
The special prosecutor shall receive an annual salary to be fixed by law, and will possess all of the powers of an assistant attorney general, but shall devote his or her full time and effort exclusively to investigations and prosecutions of any death of an unarmed civilian caused by a police officer. The section defines the powers and duties of the special prosecutor in accordance with this job description.
Section 2 provides this act shall take effect on the sixtieth day after it shall have become a law.
Existing law
None
Justification
In the wake of cases like Eric Garner - an unarmed man whose death was caused by police, with no resulting indictment - there is increasing support for a special prosecutor to be appointed to investigate and prosecute such matters. While the governor granted this authority to the attorney general, it was intended as a temporary measure until the legislature enacted a permanent solution. The Queens for Justice Committee was tasked with making a recommendation, and it concluded a special prosecutor whose sole duty would be to attend to these cases, was the most appropriate course of action.
Legislative history
New bill
Fiscal implications
To be determined
Local fiscal implications
None
Effective date
This act shall take effect on the sixtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.