BILL NUMBER:S7958

TITLE OF BILL:  An act to amend the executive law, in relation to
creating an office of special investigation within the department of
law

PURPOSE OR GENERAL IDEA OF BILL::

This legislation creates an Office of Special Investigation within the
Office of the Attorney General to investigate and, if necessary,
prosecute local police officers in cases whereby the death of an
unarmed suspect occurs in connection with an officer's performance of
his or her regular duties.

SUMMARY OF SPECIFIC PROVISIONS::

Section 1 creates a new Section 63-e of the Executive Law to establish
a new Office of Special Investigation. The Office is charged with
investigating police officers when the death of an unarmed suspect
occurs in connection with the officer's performance of his or her
official duties.  Proceedings of the Office are conducted by the
Deputy Attorney General for the Office of Special Investigation, or
his or her representative. The Office may also be petitioned to assume
the investigation and prosecution of a case that involves
extraordinary circumstances other than a suspect's death. In cases
that involve the State Police, rather than local police, the Attorney
              

General must appoint a special prosecutor independent of his or her
office.

Section 2 is the effective date.

JUSTIFICATION::

Currently under New York law, the potential for conflict is prevalent
when a local prosecutor investigates and prosecutes a serious criminal
offense alleged to have been committed by a police officer. This
conflict arises from the day-to-day interdependency between a
prosecutor and police officers as they fulfill their law enforcement
duties. District attorneys must, by the nature of their professional
responsibilities, maintain cooperative working relationships with
their colleagues in law enforcement. But when the legality of a police
officer's conduct comes into question in cases when an unarmed suspect
loses his or her life, or other extraordinary circumstances are
present, that cooperative working relationship is placed in
jeopardy.The result is the perceived, if not actual, conflict of
interest for the prosecutor.

The recent case in which a grand jury did not indict a white New York
City police officer who forcibly subdued an unarmed black suspect in a
mariner which may have caused the suspect's death is a case in
point.The event, a recording of which was made by a bystander and
posted on social media sites, raised serious questions about the
legality of the officer's actions, which apparently involved a method
of restraint that was of questionable necessity given the
circumstances, and unacceptable with regard to the New York City
Police Department's own standards.The subsequent failure of the grand
jury to indict the officer on criminal charges has resulted in serious


tension between police and members of the communities they are sworn
to serve and protect. It has also raised the questions of whether the
relationship be- tween district attorneys and the police departments
that enforce the law within their jurisdiction creates a conflict of
interest that is detrimental to the fair and equal enforcement of
justice in cases that involve police conduct. Such questions cause
serious damage to the confidence all New Yorkers should have in their
justice system.

This legislation will help restore public confidence in our legal
system by placing investigative and prosecutorial authority within the
Attorney General's office in cases where the death of an unarmed
suspect occurs in connection with a local police officer or officers'
performance of his or her official duties Since the State Attorney
General's relationship with local law enforcement is more autonomous,
this new office is a necessary tool to ensure effective and
independent prosecution of such cases.

To avoid a similar appearance of conflict of interest in cases
involving the State Police, with whom the Office of the Attorney
General has a closer relationship, the Attorney General must distance
his or her office further by appointing a special, independent
prosecutor to assume the duties and responsibilities of the Office of
Special Investigation.

PRIOR LEGISLATIVE HISTORY::

New Bill.

FISCAL IMPLICATIONS::

Limited additional costs readily absorbed by the Department of Law.

EFFECTIVE DATE::

This act shall take effect immediately.