S T A T E O F N E W Y O R K
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S. 2011 A. 3011
S E N A T E - A S S E M B L Y
January 21, 2015
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IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the criminal procedure law, in relation to criminal
proceedings and the appointment of an independent monitor, to amend
the executive law, in relation to the reporting requirements, and to
amend the criminal procedure law, in relation to warrants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 190.75 of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
5. WHEN THE SUBJECT OF A GRAND JURY PROCEEDING IS A POLICE OFFICER AS
DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THIS CHAPTER OR A
PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20 OF
THIS CHAPTER, ACTING WITHIN HIS OR HER OFFICIAL CAPACITY CONCERNING
CRIMINAL ACTS THAT INCLUDE THE USE OF DEADLY PHYSICAL FORCE AGAINST AN
UNARMED PERSON, AND THE DISTRICT ATTORNEY DECLINES TO INITIATE A GRAND
JURY PROCEEDING AGAINST SUCH A POLICE OFFICER OR PEACE OFFICER, DECLINES
TO REQUEST THAT A GRAND JURY CONSIDER CHARGES, DOES NOT PRESENT EVIDENCE
TO THE GRAND JURY, OR THE GRAND JURY DISMISSES THE CHARGES OR DECLINES
TO RETURN AN INDICTMENT, THE DISTRICT ATTORNEY SHALL WITHIN SIXTY DAYS
PROVIDE ALL EVIDENTIARY MATERIALS GATHERED DURING THE COURSE OF THE
INVESTIGATION AND, WHERE APPLICABLE, THE DISTRICT ATTORNEY SHALL PROVIDE
THE GRAND JURY MINUTES, ALL EVIDENCE PRESENTED TO THE GRAND JURY, ALL
GRAND JURY EXHIBITS, AS WELL AS ANY RECORDS AND OTHER EVIDENCE IN THE
POSSESSION, CUSTODY AND CONTROL OF THE DISTRICT ATTORNEY, TO THE "INDE-
PENDENT MONITOR" WHO SHALL BE APPOINTED BY THE GOVERNOR FOR A TERM OF
THREE YEARS AND WHO SHALL REVIEW THE GRAND JURY PROCEEDINGS AND ALL
EVIDENTIARY MATERIALS GATHERED. THE PRESENTED MATERIALS AS DESCRIBED IN
THIS SECTION SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE SUBJECT TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12576-01-5
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DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW. IF THE INDE-
PENDENT MONITOR DETERMINES THAT THERE WERE (A) SUBSTANTIAL ERRORS OF
SUCH MAGNITUDE THAT THERE EXISTS A REASONABLE PROBABILITY THAT AN
INDICTMENT WOULD HAVE RESULTED BUT FOR THESE ERRORS, AND THAT THE
PRESUMPTION OF REGULARITY AFFORDED TO SUCH PROCEEDINGS CAN NO LONGER
APPLY, OR (B) THERE EXISTS NEWLY DISCOVERED EVIDENCE OF SUCH MAGNITUDE
THAT THERE EXISTS A REASONABLE PROBABILITY THAT HAD SUCH EVIDENCE BEEN
PRESENTED TO THE GRAND JURY, AN INDICTMENT WOULD HAVE RESULTED, THEN THE
INDEPENDENT MONITOR SHALL REFER THE MATTER TO THE GOVERNOR FOR PURPOSES
OF APPOINTMENT OF A SPECIAL PROSECUTOR PURSUANT TO SECTION SIXTY-THREE
OF THE EXECUTIVE LAW. FOR PURPOSES OF THIS ARTICLE, THE RELEASE OF
EVIDENTIARY MATERIALS AND GRAND JURY MINUTES BY THE DISTRICT ATTORNEY TO
THE INDEPENDENT MONITOR SHALL BE CONSIDERED ACTING WITHIN THE DISTRICT
ATTORNEY'S OFFICIAL DUTIES AND THEREFORE NOT UNLAWFUL DISCLOSURE UNDER
SECTION 215.70 OF THE PENAL LAW.
S 2. Section 190.85 of the criminal procedure law is amended by adding
a new subdivision 6 to read as follows:
6. WHEN A GRAND JURY, PURSUANT TO SUBDIVISION ONE OF SECTION 190.75 OF
THIS ARTICLE, DISMISSES THE CHARGES OR DECLINES TO RETURN AN INDICTMENT
AND THE SUBJECT OF A GRAND JURY PROCEEDING IS A POLICE OFFICER AS
DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THIS CHAPTER OR A
PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION 1.20 OF
THIS CHAPTER, ACTING WITHIN HIS OR HER OFFICIAL CAPACITY CONCERNING
CRIMINAL ACTS THAT INCLUDE THE USE OF DEADLY PHYSICAL FORCE AGAINST AN
UNARMED PERSON, THE DISTRICT ATTORNEY MAY, PURSUANT TO AND IN ACCORDANCE
WITH THE RULES AND REQUIREMENTS OF THIS SECTION AND SECTION 190.90 OF
THIS ARTICLE, REGARDING THE CREATION OF A GRAND JURY REPORT, CREATE A
GRAND JURY REPORT. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
FOLLOWING INFORMATION: (I) CHARGES PRESENTED; (II) EVIDENCE PRESENTED;
(III) THE GRAND JURY MINUTES; AND (IV) THE GRAND JURY QUORUM. WITH THE
EXCEPTION OF EXPERTS AND PUBLIC EMPLOYEES, THE REPORT MUST NOT CONTAIN
THE NAMES OR ANY OTHER IDENTIFYING INFORMATION SUCH AS DATES OF BIRTH,
SOCIAL SECURITY NUMBERS, HOME ADDRESSES, TELEPHONE NUMBERS, OR ANY OTHER
INFORMATION THAT IF DISCLOSED MAY REASONABLY LEAD TO THE PUBLIC IDEN-
TIFICATION OF A WITNESS OR ANY OTHER PERSON, OTHER THAN THE NAME OF THE
VICTIM OR THE SUBJECT OF THE INVESTIGATION, WHO WAS OTHERWISE IDENTIFIED
DURING THE COURSE OF THE GRAND JURY PRESENTATION. THE COURT MUST APPROVE
THE CONTENTS OF THE REPORT CONSISTENT WITH THIS SUBDIVISION PRIOR TO THE
RELEASE OF THE REPORT BY THE DISTRICT ATTORNEY TO ANY CIVILIAN OR DISCI-
PLINARY OVERSIGHT BOARD. FOR PURPOSES OF THIS ARTICLE, THE RELEASE OF A
GRAND JURY REPORT BY THE DISTRICT ATTORNEY CONSISTENT WITH THIS SECTION
SHALL BE CONSIDERED ACTING WITHIN THE DISTRICT ATTORNEY'S OFFICIAL
DUTIES AND THEREFORE NOT UNLAWFUL DISCLOSURE UNDER SECTION 215.70 OF THE
PENAL LAW. IN LIEU OF A GRAND JURY REPORT, THE DISTRICT ATTORNEY MAY
ISSUE A LETTER EXPLAINING: (A) HIS OR HER DECISION NOT TO PRESENT A CASE
WHERE THE SUBJECT OF A GRAND JURY PROCEEDING IS A POLICE OFFICER OR
PEACE OFFICER ACTING WITHIN HIS OR HER OFFICIAL CAPACITY CONCERNING ACTS
THAT INCLUDE THE USE OF DEADLY PHYSICAL FORCE AGAINST AN UNARMED PERSON;
OR (B) THE BASIS FOR THE GRAND JURY'S DECISION TO DISMISS THE INDICT-
MENT. FOR PURPOSES OF THIS ARTICLE, THE RELEASE OF SUCH A LETTER BY THE
DISTRICT ATTORNEY IN LIEU OF A GRAND JURY REPORT SHALL BE CONSIDERED
ACTING WITHIN THE DISTRICT ATTORNEY'S OFFICIAL DUTIES AND THEREFORE NOT
UNLAWFUL DISCLOSURE UNDER SECTION 215.70 OF THE PENAL LAW.
S 3. Subdivision 1 of section 190.90 of the criminal procedure law is
amended to read as follows:
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1. When a court makes an order accepting a report of a grand jury
pursuant to paragraph (a) of subdivision one of section 190.85[,] OR
SUBDIVISION SIX OF SECTION 190.85 any public servant named therein may
appeal the order; and when a court makes an order sealing a report of a
grand jury pursuant to subdivision five of section 190.85, the district
attorney or other attorney designated by the grand jury may appeal the
order.
S 4. Section 230.20 of the criminal procedure law is amended by adding
a new subdivision 5 to read as follows:
5. ANY PARTY AGGRIEVED BY AN ORDER OF THE APPELLATE DIVISION CONCERN-
ING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION MAY SEEK
LEAVE TO APPEAL FROM SUCH ORDER TO THE COURT OF APPEALS, PURSUANT TO
SUBDIVISION THREE OF SECTION 450.90 OF THIS CHAPTER.
S 5. Section 450.90 of the criminal procedure law is amended by adding
a new subdivision 3 to read as follows:
3. PROVIDED THAT A CERTIFICATE GRANTING LEAVE TO APPEAL IS ISSUED
PURSUANT TO SECTION 460.20 OF THIS TITLE, AN APPEAL MAY BE TAKEN TO THE
COURT OF APPEALS BY ANY PARTY AGGRIEVED BY AN ORDER OF THE APPELLATE
DIVISION CONCERNING A MOTION MADE PURSUANT TO SUBDIVISION TWO OF SECTION
230.20 OF THIS CHAPTER. UPON THE REQUEST OF EITHER PARTY, THE HEARING
AND DETERMINATION OF AN APPEAL GRANTED PURSUANT TO THIS SUBDIVISION
SHALL BE CONDUCTED IN AN EXPEDITIOUS MANNER. THE CHIEF ADMINISTRATOR OF
THE COURTS, WITH THE ADVICE AND CONSENT OF THE ADMINISTRATIVE BOARD OF
THE COURTS, SHALL ADOPT RULES FOR THE EXPEDITIOUS BRIEFING, HEARING AND
DETERMINATION OF SUCH APPEALS.
S 6. Subdivision 4 of section 840 of the executive law is amended by
adding a new paragraph (c) to read as follows:
(C) ESTABLISH A MODEL LAW ENFORCEMENT USE OF FORCE POLICY SUITABLE FOR
ADOPTION BY ANY LAW ENFORCEMENT AGENCY THROUGHOUT THE STATE. THE USE OF
FORCE POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION ON
CURRENT LAW AS IT RELATES TO USE OF FORCE AND ACTS OR TECHNIQUES A
POLICE OFFICER OR PEACE OFFICER MAY NOT USE IN THE COURSE OF ACTING IN
HIS OR HER OFFICIAL CAPACITY. THE CHIEF OF EVERY LOCAL POLICE DEPART-
MENT, EACH COUNTY SHERIFF, AND THE SUPERINTENDENT OF STATE POLICE MUST
IMPLEMENT A USE OF FORCE POLICY. THE USE OF FORCE POLICY SHOULD BE
CONSISTENT WITH THE MODEL LAW ENFORCEMENT POLICY AS REQUIRED BY THIS
SECTION EXCEPT THAT A DEPARTMENT SHALL NOT BE LIMITED FROM IMPOSING
FURTHER RESTRICTIONS ON THE USE OF FORCE.
S 7. The executive law is amended by adding a new section 837-u to
read as follows:
S 837-U. REPORTING DUTIES OF LAW ENFORCEMENT DEPARTMENTS WITH RESPECT
TO ENFORCEMENT OF VIOLATIONS AND MISDEMEANORS. 1. THE CHIEF OF EVERY
POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE SUPERINTENDENT OF STATE
POLICE SHALL REPORT, ANNUALLY, TO THE DIVISION WITH RESPECT TO THE TOTAL
NUMBER OF ARRESTS MADE FOR NON-CRIMINAL VIOLATIONS AND MISDEMEANORS.
SUCH REPORTS SHALL BE IN THE FORM AND MANNER PRESCRIBED BY THE DIVISION
AND SHALL CONTAIN SUCH INFORMATION AS THE DIVISION DEEMS NECESSARY.
2. THE CHIEF OF EVERY POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE
SUPERINTENDENT OF STATE POLICE SHALL REPORT, ANNUALLY, TO THE DIVISION
WITH RESPECT TO THE NUMBER OF INSTANCES WHERE A POLICE OFFICER AS
DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW OR A PEACE OFFICER AS DEFINED IN SUBDIVISION THIRTY-THREE
OF SECTION 1.20 OF THIS CHAPTER, ENGAGES IN CONDUCT THAT WAS A POSSIBLE
FACTOR IN THE DEATH OF ANOTHER DURING THE ENFORCEMENT OF A VIOLATION OR
MISDEMEANOR. SUCH REPORTS SHALL BE IN THE FORM AND MANNER PRESCRIBED BY
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THE DIVISION AND SHALL CONTAIN SUCH INFORMATION AS THE DIVISION DEEMS
NECESSARY.
3. THE CHIEF OF EVERY POLICE DEPARTMENT, EACH COUNTY SHERIFF, AND THE
SUPERINTENDENT OF STATE POLICE SHALL REPORT, ANNUALLY, TO THE DIVISION
WITH RESPECT TO THE TOTAL NUMBER OF APPEARANCE TICKETS AS DEFINED IN
SUBDIVISION TWENTY-SIX OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW AND
SUMMONSES AS DEFINED IN SUBDIVISION TWENTY-SEVEN OF SECTION 1.20 OF THE
CRIMINAL PROCEDURE LAW. SUCH REPORTS SHALL BE IN THE FORM AND MANNER
PRESCRIBED BY THE DIVISION AND SHALL CONTAIN INFORMATION ABOUT THE
SUBJECT OF EACH APPEARANCE TICKET OR SUMMONS INCLUDING BUT NOT LIMITED
TO HIS OR HER AGE, SEX, RACE AND ETHNICITY.
S 8. Subdivision 3 of section 690.35 of the criminal procedure law is
amended by adding a new paragraph (f) to read as follows:
(F) A STATEMENT WHETHER THE APPLICATION FOR THE WARRANT HAD BEEN
PREVIOUSLY SUBMITTED TO ANOTHER JUDGE, AND IF SO, THE STATEMENT MUST
INCLUDE THE NAME OF THE JUDGE OR JUDGES TO WHOM THE APPLICATION WAS
PREVIOUSLY SUBMITTED, THE RESULT OF SUCH APPLICATION OR APPLICATIONS,
AND WHEN SUCH APPLICATION OR APPLICATIONS WERE MADE.
S 9. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 10. This act shall take effect on the thirtieth day after it shall
have become a law.