Study Police Excessive Force

Section 1. In New York state, as well as the rest of the nation, the number of reported cases of the use of excessive force by law enforcement has increased. The number of police misconduct claims filed with the New York city comptroller's office has been increasing since the late 1980s from 977 complaints in 1987 to more than 2,000 in 1996. Although some of the allegations may be false or exaggerated, the sharp increase in complaints is reason for concern, especially since it is likely that much law enforcement misconduct goes unreported.

Many examples of excessive use of force by law enforcement can be cited. Two disturbing examples involve the notorious cases of 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 choke-hold used on Baez was unprovoked and unnecessary. Police officer Francis Livoti was sentenced in federal court to seven years in prison for Baez's death. Officer 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

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his rectum and mouth while his hands were handcuffed behind his back." Louima suffered a torn bladder and intestine and required several surgeries to repair the damage. Two of the officers were also charged with civil rights violations for falsely arresting eyewitness Patrick Antoine, who saw Louima being taken into custody. In addition, the indictment also charges an officer with beating Antoine outside the club and with obstruction of justice for allegedly threatening Louima to keep him from talking about the assault.

In its 1996 paper, "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 are widespread problems in New York city. The paper recommends an independent inquiry into allegations of the use of excessive force by the New York City Police Department to examine the concerns raised in this report.

Although the Civilian Complaint Review Board investigates complaints against the New York city police, it has had problems since its establishment in 1993. The Civilian Complaint Review Board substantiates few complaints, and when it has done so, the police commissioner has often dismissed them. In addition the board recently acknowledged that more than 100 cases of police misconduct were substantiated but were never forwarded to the police department.

§ 2. a. A temporary state commission is hereby created to be known as "the commission on the use of excessive force by law enforcement". The commission shall consist of eleven members to be appointed as follows: three members shall be appointed by the governor; two members shall be appointed by the temporary president of the senate; two members shall be appointed by the minority leader of the senate; two members shall be appointed by the speaker of the assembly; and two members shall be appointed by the minority leader of the assembly. Any vacancy that occurs in the commission shall be filled in the same manner in which the original appointment was made. The commission shall select from its membership a chair and a vice-chair.

b. No member, officer or employee of the commission shall be disqualified from holding any other public office or employment, nor shall he or she forfeit any such office or employment by reason of his or her appointment under this section, notwithstanding the provisions of any general, special or local law, ordinance or city charter.

§ 3. The commission may employ and at pleasure remove such personnel as it may deem necessary for the performance of its functions and fix their compensation within the amounts made available therefor.

§ 4. The commission may meet within and without the state, shall hold public hearings, and shall have all the powers of a legislative committee pursuant to the legislative law.

§ 5. The members of the commission shall receive no compensation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their duties pursuant to this act.

§ 6. To the maximum extent feasible, the commission shall be entitled to request and receive and shall utilize and be provided with such facilities, resources and data of any court, department, division, board, bureau, commission or agency of the state or any political subdivision thereof as it may reasonably request to carry out properly its powers and duties pursuant to this act.

§ 7. The commission shall undertake a comprehensive study of the existence of the use of excessive force by law enforcement throughout the state of New York and make recommendations with respect to the

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eradication of such actions, such recommendations shall include but not be limited to training, funding, recruiting requirements and any other relevant data necessary to the elimination of police brutality.

§ 8. The commission shall make a report to the governor and the legislature of its findings, conclusions and recommendations no later than two years after the effective date of this act and shall submit with its report such legislative proposals as it deems necessary to implement its recommendations.

§ 9. The commission shall continue in existence for two years, at which time it shall be deemed to be repealed.

§ 10. The sum of one hundred thousand dollars ($100,000), or so much thereof as may be necessary, is hereby appropriated to pay the expenses including personal service, in carrying out the provisions of this act. Such moneys shall be payable out of the state treasury after audit by and on the warrant of the comptroller upon vouchers certified or approved by the chair or vice-chair of the temporary state commission on the use of excessive force by law enforcement as prescribed by law.

§ 11. The county law is amended by adding a new section 702-b to read as follows:

§ 702-b. Special county prosecutor for police brutality or misconduct. 1. Whenever the district attorney of any county receives a criminal complaint, a civilian complaint or an accusatory instrument on a police officer, as defined in section 1.20 of the criminal procedure law, a superior or criminal court in the county wherein the action may become triable shall have the authority to appoint a special prosecutor to investigate and where appropriate prosecute charges of police misconduct or brutality. The superior or criminal court may by order appoint an attorney at law having an office in or residing in the county, to act as special prosecutor, or in the case of Orleans county the attorney at law may be appointed from an adjoining county, to act as special prosecutor for police brutality or misconduct.

2. When a special prosecutor is appointed pursuant to this section, the appointment shall be for all purposes, including disposition, and any appeals.

3. A special prosecutor appointed pursuant to this section shall possess all the powers of an assistant district attorney under section 1.20 of the criminal procedure law, or of an assistant attorney general pursuant to article five of the executive law.

§ 12. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.