Assembly Bill A2803

2013-2014 Legislative Session

Grants the attorney general jurisdiction to investigate and prosecute police misconduct

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2013-A2803 (ACTIVE) - Details

See Senate Version of this Bill:
S1043
Law Section:
Executive Law
Laws Affected:
Amd ยง63, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1486, S2059
2011-2012: A4382, S6534
2015-2016: A5524, S716
2017-2018: A3763, S1071
2019-2020: A3990, S480
2021-2022: A2006
2023-2024: A740

2013-A2803 (ACTIVE) - Summary

Grants the attorney general jurisdiction to investigate and prosecute police misconduct upon the request of the governor or the district attorney of the county wherein such misconduct was committed.

2013-A2803 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2803

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2013
                               ___________

Introduced  by M. of A. WRIGHT, AUBRY, PERRY, KAVANAGH, KELLNER, STEVEN-
  SON -- Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN,  CLARK,  COOK,
  DINOWITZ,  FARRELL,  GANTT,  GLICK, GOTTFRIED, HOOPER, ORTIZ, PRETLOW,
  ROBINSON, SCARBOROUGH, SKARTADOS -- 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  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 63 of the executive law is amended by adding a new
subdivision 16 to read as follows:
  16.  INVESTIGATE THE ALLEGED COMMISSION OF  ANY  CRIMINAL  OFFENSE  OR
OFFENSES  COMMITTED  BY A POLICE OFFICER IN CONNECTION WITH THE PERFORM-
ANCE 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.
  S  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.
                                                           LBD00656-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.