What's happening
This bill creates a special prosecutor to investigate and prosecute cases where an unarmed civilian is killed by a police officer.
Why it matters
Creates an independent special prosecutor. with the authority to investigate and prosecute cases involving the death of unarmed civilians by police, aiming to avoid potential conflicts of interest that may arise when local district attorneys investigate such cases.
Supersedes local district attorneys’ jurisdiction. for these incidents, meaning the special prosecutor takes over all prosecutorial decisions, which could build greater public trust in the objectivity and fairness of investigations.
Requires transparency and accountability. through mandated reports to the governor and legislature, especially in cases where no charges are filed or grand juries decline to indict, potentially leading to public explanations and recommendations for systemic reform.
Focuses dedicated resources. by ensuring the special prosecutor and their staff work exclusively on these cases, which may enhance the thoroughness and consistency of investigations and prosecutions involving police use of deadly force against unarmed civilians.
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Who cares
Headline styles
Special Prosecutor for Police Killings
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to investigations and government operations
- Referred to investigations and government operations
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.
Special Prosecutor for Police Killings
In Assembly Committee · Codes · Sponsor Al Taylor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3010
2019-2020 Regular Sessions
IN SENATE
January 31, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 1. 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, as defined in subdivision 34 of section 1.20 of the criminal procedure law. The special prosecutor shall serve for a term of 3 years unless removed by the governor, after notice and an opportunity for a hearing, and then only for one or more of the following reasons: permanent disability which renders the special prosecutor incapable of performing the duties of his or her office; gross inefficiency, typified by a lack of ability to properly conduct investigations and prosecutions; neglect of duty; malfeasance; conviction of a felony; or conduct involving moral turpitude.
2. Such special prosecutor shall receive an annual salary to be fixed by law from within the amounts appropriated therefor. Such special prosecutor shall possess all of the powers of an assistant attorney general otherwise authorized by this act provided, however that such special prosecutor 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.
3. The special prosecutor may appoint such other deputies, directors, assistants, and other employees to serve at the special prosecutor's pleasure and discretion as may be needed for the performance of duties
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09163-01-9
S. 3010 2
and may prescribe their powers and fix their compensation within the amounts appropriated therefor.
4. The special prosecutor shall have the following special functions, powers and duties:
(a) To exercise all the prosecutorial powers necessary to investigate, and if warranted, prosecute any death of an unarmed civilian caused by a police officer. The special prosecutor's jurisdiction will displace and supersede the jurisdiction of the county district attorney where the incident occurred; and such county district attorney shall have only the powers and duties designated to him or her by the special prosecutor;
(b) To attend in person, a term or terms of the county or supreme court to be held in and for the county of such appropriate jurisdiction consistent with this act; appear in person before any grand jury drawn for any term or terms of said court, for the purpose of conducting any and all proceedings, examinations, and inquiries; and bring any and all criminal actions and proceedings which may be had or taken before said grand jury and other grand juries concerning or relating to any and all alleged unlawful acts as described by this act;
(c) To conduct a full, reasoned, and independent investigation including, but not limited to, (i) gathering and analyzing evidence, (ii) conducting witness interviews, and (iii) reviewing investigative reports, scientific reports, and audio and video recordings;
(d) To report to the governor and the legislature on all cases where, (i) the special prosecutor declines to present evidence to a grand jury regarding the death of a civilian, whether in custody or not, allegedly caused by a police officer, or (ii) the grand jury declines to return an indictment on any charges. The report will include, to the extent possible and lawful, an explanation of that outcome and any recommendations for systemic reform arising from the investigation;
(e) To make an annual report to the governor, the attorney general and the legislature concerning such work during the preceding year, and to make such further interim reports to them as they or any of them shall deem advisable or require; and
(f) To do all things necessary or convenient to carry out the functions, powers and duties set forth in this act.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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 follow- ing reasons: permanent disability, gross inefficiency, neglect of duty, malfeasance, conviction of a felony or conduct involving moral turpi- tude.
The special prosecutor shall receive an annual salary to be fixed by law, and will possess all of the powers of an assistant attorney gener- al, 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 Commit- tee 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
04/15/16 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
Fiscal implications
None
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.