What's happening
This bill allows the New York Attorney General to review and potentially take over cases where a police officer’s actions seriously injure or kill a civilian.
Why it matters
Increases oversight and accountability. By empowering the Attorney General to review cases of serious injury or death caused by police officers, this bill aims to ensure incidents are evaluated by an authority outside local law enforcement, which may reduce potential conflicts of interest and improve public trust.
Expands scope beyond fatal incidents. Unlike earlier laws that focused solely on deaths, this amendment also covers cases where civilians are seriously injured, potentially leading to more comprehensive investigations and oversight in police-civilian encounters.
Sets a clear review timeline. The requirement that the Attorney General review incidents within sixty days establishes a defined window for action, which could lead to swifter decisions and reduce delays that often frustrate affected families and communities.
Creates a process for independent prosecution. The law allows the Attorney General to decide if a case should remain with the local district attorney or be handed to a special prosecutor, providing a mechanism for independent handling of sensitive cases that may otherwise be subject to local biases or pressures.
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Who cares
Headline styles
AG Reviews Police Killings
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
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.
Attorney General Reviews Police Killings
In Assembly Committee · Codes · Sponsor N. Nick Perry
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3196
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
Introduced by Sens. PARKER, BENJAMIN -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the executive law, in relation to the authority of the attorney general to review incidents where a civilian is killed by a police officer
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. Review any incident involving the conduct of a police officer in connection with the performance of his or her official duties, wherein such conduct is alleged to have caused the serious injury or death of a civilian, within sixty days of the incident. Upon such review, the attorney general shall determine whether the incident being brought forth will remain within the jurisdiction of the local district attorney's office or be prosecuted under the jurisdiction of a special prosecutor appointed by the governor.
§ 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.
LBD06115-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to the authority of the attorney general to review incidents where a civilian is killed by a police officer
Purpose
The purpose of this legislation is to address police officer conduct by the attorney general in regards to officer caused civilian fatality.
Summary of provisions
Section one of the bill adds subdivision 17 to § 63 of the executive law to define the course of conduct to follow after a civilian is severely injured or killed by a police officer during his or her official duties within sixty days of the incident. Upon review, the attorney general shall determine whether the incident will remain within the jurisdiction of the local district attorney or be prosecuted under the jurisdiction of a special prosecutor appointed by the governor.
Section two of the bill provides the effective date.
Justification
Providing the attorney general with the option to determine who brings forth the prosecution upon an officer allows for due process of the law to flow more fluidly in wake of severe incidents or deaths involving a civilian. In Governor Cuomo's State of the State address of January 2015, the Governor proposed a seven point Justice Agenda. The latter two points of the proposal addresses the need for advanced review of cases involving police brutality. The Governor would appoint an Inde- pendent Monitor to review police cases where a civilian dies. No true bill has been issued that can recommend a special prosecutor to be appointed. Having an Independent Monitor with access to grand jury information is essential to this piece of legislation as it ensures that in circumstances where police brutality is suspected that the proper means of investigation will take place while still maintaining a level of respect for the officer being investigated.
Prior legislative history
2017-18: S8816 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS 2015-2016: A.6342 - Referred to Codes
Effective date
Ninety days after becoming a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.