What's happening
This bill allows the New York Attorney General to investigate and prosecute police misconduct if local resources are inadequate or public confidence requires it.
Why it matters
Creates a state-level check on local law enforcement. By allowing the Attorney General to step in when local prosecutors lack resources or public trust is at stake, the bill addresses potential conflicts of interest or failures to act at the local level.
Aims to strengthen public confidence in police accountability. The law explicitly allows state intervention if it is necessary to restore or maintain public trust in the justice system, recognizing the importance of perception as well as process.
Expands prosecutorial authority for police misconduct. The Attorney General would be able to independently investigate and prosecute alleged crimes by police officers related to their official duties, not just oversee or review local investigations.
Could reshape police oversight in high-profile or controversial cases. This new power may lead to greater state involvement in cases that attract significant public attention or controversy, potentially influencing how such cases are handled and perceived.
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Who cares
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Let AG Prosecute Police Misconduct
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let AG Prosecute Police Misconduct
In Senate Committee · Investigations And Government Operations · Sponsor Gustavo Rivera
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3990
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. AUBRY -- read once and referred to the Committee on Codes
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 committed by a police officer 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 connection with the performance of his or her official duties. The attorney general may only exercise the jurisdiction provided by this subdivision upon a written finding that such jurisdiction is necessary because: (a) of a lack of alternative prosecutorial resources to adequately investigate and prosecute such criminal offense or offenses or, (b) the exercise of such jurisdiction is necessary to ensure the confidence of the public in the judicial system. 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 and exercise all of the powers and perform all of the duties with respect to such actions or proceedings which the district attorney would otherwise be authorized or required to exercise or perform.
§ 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.
LBD05461-01-9
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.