What's happening
This bill allows the New York Attorney General to investigate and prosecute police misconduct under certain conditions.
Why it matters
Expands oversight of police conduct. by allowing the state Attorney General to step in when local prosecutors may have conflicts of interest or lack resources, potentially increasing accountability in cases of police misconduct.
Requires a written justification. for the Attorney General to take over a case, including either a lack of alternative prosecutorial resources or a need to maintain public confidence in the justice system, which adds a layer of transparency and checks on this new power.
Shifts prosecutorial authority from local to state level. in specific situations, which could impact how police misconduct cases are handled and perceived, particularly in communities where trust in local systems is low.
Aligns prosecutorial powers. for the Attorney General with those already held by local district attorneys, meaning the AG or their deputies can directly prosecute cases and appear before courts or grand juries, potentially leading to more consistent statewide handling of such cases.
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Who cares
New York attorney general’s office
The bill would authorize investigations and prosecutions of alleged on-duty crimes by police officers upon a written finding of inadequate alternative prosecutorial resources or a need to ensure public confidence in the judicial system.
Police officers
Officers accused of crimes connected to their official duties could face investigation and prosecution by the attorney general.
District attorneys
The attorney general could exercise the court and grand jury powers that district attorneys would otherwise exercise in these cases.
People alleging criminal police misconduct
The bill would provide a state-level avenue for investigating and prosecuting their allegations when the attorney general makes the required written finding.
Headline styles
Let AG Prosecute Police Misconduct
Plain English, a few words. Used as the page title.
Sponsors
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.
Let AG Prosecute Police Misconduct
In Assembly Committee · Codes · Sponsor Jeffrion Aubry
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
480
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. RIVERA, COMRIE, KAVANAGH, SEPULVEDA, SERRANO -- 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 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.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to granting the attorney general jurisdiction to investigate and prosecute police misconduct
Purpose or general idea of bill
This legislation authorizes the attorney general to investigate and prosecute the alleged commission of any criminal offense or offenses committed by police officers in connection with the performance of their regular duties under limited, specific circumstances.
Summary of specific provisions
Under the provisions of this legislation, the attorney general is given the authority to investigate and prosecute alleged criminal offenses committed by police officers in connection with the performance of their official functions, however, this authority may be exercised only upon a written finding by the attorney general that a lack of prosecutorial resources hinders the effective investigation and prosecution of the alleged offense or offenses or that the exercise of this authority by the attorney general is necessary to ensure the public's confidence in the judicial system.
Effects of present law which this bill would alter
This amendment to the executive law increases the authority of the attorney general to investigate and prosecute alleged criminal conduct by police officers in certain limited cases.
Justification
This legislation is necessary to ensure the effective prosecution of alleged criminal conduct committed by police officers in instances where the local prosecutor lacks adequate resources to prosecute or where prosecution by the attorney general is necessary to safeguard the public's confidence in the judicial system.
Prior legislative history
2012: S6534/ A4382 Wright 2013-2014: S1043/ A2803 Wright 2015-2016: S716/ A5524-A Wright 2017-2018: S1071/ A3763 Aubry
Fiscal implications
Limited additional costs readily absorbed by the Department of Law.
Effective date
This act shall take effect on the ninetieth day after it shall become Law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.