What's happening
This bill gives the New York Attorney General authority to investigate and prosecute alleged police misconduct crimes instead of local district attorneys.
Why it matters
Centralizes accountability. for alleged police misconduct by shifting investigations and prosecutions from local district attorneys—who may have close ties to police—to the state Attorney General, potentially increasing public trust in the process.
Removes local conflicts of interest. by requiring that cases be prosecuted in courts and grand juries located outside the county where the alleged offense occurred, further insulating proceedings from local influences.
Limits local district attorney authority. in these cases, allowing them to participate only as directed by the Attorney General, which fundamentally changes the balance of prosecutorial power in police cases.
Financial impact on counties. by mandating that all expenses incurred by the Attorney General’s office in these prosecutions (including salaries) be charged to the county where the alleged misconduct took place, which could affect county budgets.
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Who cares
New York attorney general’s office
The bill would authorize the office to investigate and prosecute alleged crimes by police officers, whether committed on or off duty, before courts or grand juries outside the county of the alleged offense.
Police officers
Officers accused of crimes could face investigation and prosecution by the attorney general rather than local district attorneys.
District attorneys
In these proceedings, prosecutors in both the county of the alleged offense and the county hosting the court would exercise only the powers and duties required by the attorney general’s office.
County governments
The county where a case would otherwise have been prosecuted would bear the attorney general’s expenses, including compensation for deputies and assistants.
Headline styles
Let AG Prosecute Police Misconduct
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to governmental operations
- Referred to governmental operations
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1869
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
Introduced by M. of A. ABINANTI -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to granting the attorney-general jurisdiction to investigate and prosecute police misconduct
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 63 of the executive law is amended by adding a new subdivision 17 to read as follows:
17. Investigate the alleged commission of any criminal offense or offenses by a police officer as defined in subdivision seven of section eight hundred thirty-five of this chapter, whether or not in connection with the performance of his or her official duties, and prosecute any such person or persons believed to have committed such criminal offense or offenses. In all such proceedings, the attorney-general may appear in person, or by his or her deputy or assistant, before any court or grand jury thereof and exercise all of the powers and perform all of the duties with respect to such actions or proceedings which a district attorney would otherwise be authorized or required to exercise or perform, provided however that the court and/or grand jury not be located within the county where the criminal offense is alleged to have occurred. In any of such actions or proceedings, the district attorney for the county where the criminal offense is alleged to have occurred and the district attorney for the county in which the court is located shall only exercise such powers and perform such duties as are required of him or her by the attorney-general or the deputy or assistant attorney-general so attending. In all such proceedings, all expenses incurred by the attorney-general, including the salary or other compensation of all deputies and assistants employed, shall be a charge against the county where the matter would otherwise have been prosecuted.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04554-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.