S T A T E   O F   N E W   Y O R K
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                                  5746

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 1, 2015
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON,  MONTGOMERY  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance

AN  ACT  to  amend  the  executive  law, the county law and the criminal
  procedure law, in relation to officer-involved deaths and near deaths

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The executive law is amended by adding a new section 842-a
to read as follows:
  S 842-A. BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS AND NEAR  DEATHS.
1.  THERE  IS  HEREBY CREATED A TEN MEMBER BOARD FOR THE REVIEW OF OFFI-
CER-INVOLVED DEATHS AND NEAR DEATHS. THE PURPOSE OF SUCH BOARD SHALL  BE
TO  INVESTIGATE  AND  REVIEW  THE DEATH OR NEAR DEATH OF ANY PERSON THAT
RESULTED FROM OR POTENTIALLY RESULTED FROM INJURIES THAT OCCURRED OR MAY
HAVE OCCURRED DURING ANY ENCOUNTER  WITH  A  POLICE  OR  PEACE  OFFICER,
POLICE  DEPARTMENT OR SHERIFF'S DEPARTMENT IN THIS STATE. THE MEMBERS OF
THE BOARD SHALL BE APPOINTED BY THE GOVERNOR, AS FOLLOWS:
  (A) A FORMER SHERIFF, CHIEF OF POLICE, CHIEF  DEPUTY  SHERIFF,  DEPUTY
CHIEF OF POLICE, OR STATE TROOPER.
  (B)  A  FORMER  DISTRICT  ATTORNEY,  FORMER  UNITED STATES ATTORNEY OR
FORMER ATTORNEY GENERAL, OR A FORMER ASSISTANT DISTRICT ATTORNEY, FORMER
ASSISTANT ATTORNEY GENERAL OR FORMER ASSISTANT  UNITED  STATES  ATTORNEY
WHO SERVED IN AN SUCH CAPACITY FOR AT LEAST THREE YEARS.
  (C)  A PHYSICIAN WHO IS A PRESENT OR FORMER CORONER OR MEDICAL EXAMIN-
ER.
  (D) A PROFESSOR OR RESEARCHER AFFILIATED WITH AN ACCREDITED  NEW  YORK
UNIVERSITY  OR COLLEGE WHO HAS EXPERTISE IN THE FIELD OF CRIMINAL LAW OR
CRIMINAL JUSTICE, ON THE RECOMMENDATION OF THE PRESIDENT OF THE NEW YORK
STATE BAR ASSOCIATION.
  (E) ONE MEMBER SHALL BE APPOINTED ON THE RECOMMENDATION OF THE  TEMPO-
RARY PRESIDENT OF THE SENATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11304-01-5
              

S. 5746                             2

  (F) ONE MEMBER SHALL BE APPOINTED ON THE RECOMMENDATION OF THE SPEAKER
OF THE ASSEMBLY.
  (G) ONE MEMBER SHALL BE APPOINTED ON THE RECOMMENDATION OF THE MINORI-
TY LEADER OF SENATE.
  (H) ONE MEMBER SHALL BE APPOINTED ON THE RECOMMENDATION OF THE MINORI-
TY LEADER OF THE ASSEMBLY.
  (I)  ONE  MEMBER  SHALL  BE APPOINTED ON THE RECOMMENDATION OF THE NEW
YORK STATE BLACK, PUERTO RICAN, HISPANIC AND ASIAN LEGISLATIVE CAUCUS.
  (J) ONE MEMBER  SHALL  BE  APPOINTED  ON  THE  RECOMMENDATION  OF  THE
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE LEGAL DEFENSE
FUND.
  2. EACH MEMBER OF THE BOARD SHALL SERVE A TERM OF FOUR YEARS PROVIDED,
HOWEVER,  THAT  THE  INITIAL  TERM  OF THE MEMBERS APPOINTED PURSUANT TO
PARAGRAPH (A), (B), (D), (F) AND (H) OF SUBDIVISION ONE OF THIS  SECTION
SHALL  BE FOR A PERIOD OF TWO YEARS. ALL APPOINTMENTS TO THE BOARD SHALL
BE MADE NO LATER THAN THIRTY DAYS  AFTER  THE  EFFECTIVE  DATE  OF  THIS
SECTION.  A  VACANCY  ON  THE BOARD SHALL BE FILLED PROMPTLY IN THE SAME
MANNER AS THE ORIGINAL APPOINTMENT. NO INDIVIDUAL WHO IS ACTIVELY AFFIL-
IATED WITH A LAW ENFORCEMENT AGENCY SHALL BE ELIGIBLE FOR APPOINTMENT OR
CONTINUED SERVICE AS A MEMBER OF THE BOARD.
  3. THE MEMBERS OF THE BOARD SHALL RECEIVE NO  COMPENSATION  FOR  THEIR
SERVICES  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL  AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR FUNCTION UNDER  THIS  SECTION.  THE
OFFICE OF THE SUPERINTENDENT OF STATE POLICE SHALL PROVIDE STAFF, A MAIN
OFFICE  AND  OTHER  FINANCIAL  SUPPORT SO THAT THE BOARD MAY EFFECTIVELY
ENGAGE IN ITS FUNCTIONS UNDER THIS SECTION.
  4. A CHAIRPERSON OF THE BOARD  SHALL  BE  SELECTED  BY  MAJORITY  VOTE
REPRESENTING  MORE THAN HALF OF THE STATUTORILY-AUTHORIZED MEMBERSHIP OF
THE BOARD. THE CHAIRPERSON OR ANY FIVE MEMBERS OF THE BOARD MAY  CALL  A
MEETING.  THE  BOARD SHALL MEET AS NECESSARY TO PERFORM ITS DUTIES UNDER
LAW, INCLUDING BUT NOT LIMITED TO THIS SECTION AND SUBDIVISION ONE-A  OF
SECTION TWO HUNDRED SIXTEEN OF THIS CHAPTER. MEETINGS SHALL BE CONDUCTED
IN ACCORDANCE WITH ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
  5. THE BOARD SHALL ESTABLISH PROCEDURES NECESSARY TO PREVENT THE UNAU-
THORIZED  DISCLOSURE OF ANY INFORMATION OR MATERIAL RELATED TO AN INVES-
TIGATION RECEIVED BY ANY MEMBER OF THE BOARD.
  6. A MEMBER OF THE BOARD MAY BE REMOVED BY  THE  APPOINTING  AUTHORITY
SOLELY FOR SUBSTANTIAL NEGLECT OF DUTY OR MATERIAL VIOLATION OF A CONFI-
DENTIALITY RESTRICTION, AFTER ADVANCE WRITTEN NOTICE TO THE BOARD MEMBER
AND,  WHERE APPLICABLE, THE NOMINATING AUTHORITY AND A REASONABLE OPPOR-
TUNITY FOR EACH TO BE HEARD.
  7. THE BOARD SHALL MEET REGULARLY TO CONSIDER ANY RELEVANT INFORMATION
AND SHALL MEET PROMPTLY TO CONSIDER  ANY  REPORT  RECEIVED  PURSUANT  TO
PARAGRAPH  (C)  OF  SUBDIVISION  ONE-A OF SECTION TWO HUNDRED SIXTEEN OF
THIS CHAPTER, PROVIDED THAT SUCH A MEETING  SHALL  NOT  BE  REQUIRED  TO
CONSIDER  AN  INTERIM  REPORT  RECEIVED PURSUANT TO SUCH PARAGRAPH. UPON
CONSIDERATION OF ANY SUCH REPORT  OR  OTHER  RELEVANT  INFORMATION,  THE
BOARD  MAY  REQUEST  ADDITIONAL  INFORMATION,  CLARIFICATION  AND/OR  AN
IN-PERSON INTERVIEW WITH ANY PERSON WHO ASSISTED IN THE  PREPARATION  OF
THE REPORT.
  8. PROMPTLY AFTER THE BOARD COMPLETES ITS REVIEW OF A DETAILED WRITTEN
REPORT  OF AN INVESTIGATION RECEIVED PURSUANT TO PARAGRAPH (C) OF SUBDI-
VISION ONE-A OF SECTION TWO HUNDRED SIXTEEN OF THIS CHAPTER,  THE  BOARD
SHALL MAKE WRITTEN RECOMMENDATIONS TO THE DISTRICT ATTORNEY IN THE COUN-
TY  WHERE THE DEATH OR NEAR DEATH OCCURRED, THE GOVERNOR AND OTHER RELE-
VANT OFFICIALS. SUCH RECOMMENDATIONS SHALL ADDRESS IN DETAIL THE NEED OR

S. 5746                             3

ADVISABILITY OF ANY ACTION BY A GRAND JURY, AND MAY  INCLUDE  ANY  OTHER
RELEVANT  RECOMMENDATIONS.  ANY  MEMBER  OF  THE BOARD MAY ALSO MAKE AND
PROVIDE SUCH WRITTEN RECOMMENDATIONS, COPIES  OF  WHICH  SHALL  ALSO  BE
PROVIDED TO ALL OTHER MEMBERS OF THE BOARD.
  S  2.  Section  216  of  the  executive law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. (A) IN ADDITION TO ITS OTHER ASSIGNED DUTIES, THE  SUPERINTENDENT
SHALL  ASSIGN  THE BUREAU OF INVESTIGATION, ESTABLISHED PURSUANT TO THIS
SECTION, RESPONSIBILITY TO INVESTIGATE, ON ITS OWN OR, AS APPLICABLE, AS
AN ACTIVE PARTNER WITH ANY  OTHER  POLICE  OR  SHERIFF'S  DEPARTMENT  OF
APPROPRIATE  JURISDICTION,  THE  DEATH  OR NEAR DEATH OF ANY PERSON THAT
RESULTED FROM OR POTENTIALLY RESULTED FROM INJURES THAT OCCURRED OR  MAY
HAVE  OCCURRED  DURING  ANY  ENCOUNTER  WITH  A POLICE OR PEACE OFFICER,
POLICE DEPARTMENT OR SHERIFF'S DEPARTMENT IN THIS STATE.
  (B) EVERY SUCH INVESTIGATION SHALL  BE  COMMENCED  PROMPTLY  UPON  THE
SUPERINTENDENT LEARNING OF SUCH INCIDENT. EVERY POLICE DEPARTMENT, SHER-
IFF'S  DEPARTMENT  AND  STATE  AND  LOCAL  AGENCY, INCLUDING EVERY LOCAL
DISTRICT ATTORNEY'S OFFICE, SHALL ASSIST AND COOPERATE WITH  THE  BUREAU
IN  THE CONDUCT OF SUCH INVESTIGATIONS, AND SHALL ENSURE THAT THE BUREAU
HAS ACCESS TO LOCATIONS IT DEEMS RELEVANT, AS WELL AS ACCESS TO RECORDS,
INFORMATION AND PHYSICAL ITEMS THAT DEEMS  RELEVANT,  TO  SUCH  INVESTI-
GATION.
  (C) THE BUREAU SHALL PROVIDE INTERIM WRITTEN REPORTS AT LEAST BI-WEEK-
LY  UPDATING  THE  BOARD  OF  REVIEW OF OFFICER-INVOLVED DEATHS AND NEAR
DEATHS, AND THE DISTRICT  ATTORNEY  AND  SUPERINTENDENT  CONCERNING  THE
PROGRESS  OF  SUCH  INVESTIGATION.  UPON THE CONCLUSION OF SUCH INVESTI-
GATION, THE BUREAU SHALL PROMPTLY ISSUE TO THE BOARD OF REVIEW OF  OFFI-
CER-INVOLVED  DEATHS  AND NEAR DEATHS, THE DISTRICT ATTORNEY, THE SUPER-
INTENDENT  AND  THE  GOVERNOR  A  DETAILED   WRITTEN   REPORT   OF   THE
INVESTIGATION,  WHICH  SHALL INCLUDE, BUT NOT BE LIMITED TO, A STATEMENT
OF THE APPARENT CAUSE AND CIRCUMSTANCES OF THE DEATH OR NEAR  DEATH,  AS
THE  CASE  MAY  BE, AND SPECIFY ANY POTENTIAL CRIMINAL CHARGES. NOTWITH-
STANDING THE PROVISIONS OF ANY OTHER LAW, ANY SUCH REPORT SHALL  CONSTI-
TUTE  A  RECORD  AVAILABLE  FOR PUBLIC DISCLOSURE, WITHIN THE MEANING OF
SUBDIVISION FOUR OF SECTION EIGHTY-SIX  OF  THE  PUBLIC  OFFICER'S  LAW,
PROVIDED  THAT ANY PORTION OF SUCH REPORT MAY BE REDACTED BEFORE RELEASE
WHEN AND TO THE EXTENT AUTHORIZED PURSUANT TO SUBDIVISION TWO OF SECTION
EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW.
  S 3. The executive law is amended by adding a  new  section  839-a  to
read as follows:
  S  839-A. CERTAIN DEATHS AND NEAR DEATHS TO BE REPORTED. EVERY CASE OF
THE DEATH OF OR NEAR DEATH OF A PERSON THAT RESULTED FROM OR POTENTIALLY
RESULTED FROM INJURIES THAT OCCURRED OR MAY  HAVE  OCCURRED  DURING  ANY
ENCOUNTER WITH A POLICE OR PEACE OFFICER, POLICE DEPARTMENT OR SHERIFF'S
DEPARTMENT  IN  THIS STATE SHALL BE REPORTED PROMPTLY TO THE SUPERINTEN-
DENT OF STATE POLICE BY SUCH OFFICER OR THE CHIEF LAW ENFORCEMENT  OFFI-
CER  OF SUCH DEPARTMENT. SUCH REPORT SHALL BE IN SUFFICIENT DETAIL AS TO
PERMIT THE SUPERINTENDENT TO COMMENCE A MEANINGFUL INVESTIGATION OF SUCH
MATTER IN ACCORDANCE WITH  SUBDIVISION  ONE-A  OF  SECTION  TWO  HUNDRED
SIXTEEN  OF  THE  CHAPTER. UPON RECEIVING SUCH NOTIFICATION OR OTHERWISE
LEARNING OF SUCH A DEATH OR NEAR  DEATH,  THE  SUPERINTENDENT  OF  STATE
POLICE SHALL PROCEED IN THE MANNER DESCRIBED IN SUCH SUBDIVISION.
  S 4. Section 700 of the county law is amended by adding a new subdivi-
sion 14 to read as follows:
  14.  (A)  IN  THE  CASE  OF THE DEATH OR NEAR DEATH OF ANY PERSON THAT
RESULTED FROM OR POTENTIALLY RESULTED FROM INJURIES THAT OCCURRED OR MAY

S. 5746                             4

HAVE OCCURRED DURING ANY ENCOUNTER  WITH  A  POLICE  OR  PEACE  OFFICER,
POLICE DEPARTMENT OR SHERIFF'S DEPARTMENT IN THIS STATE, IT SHALL BE THE
DUTY  OF  THE DISTRICT ATTORNEY TO COOPERATE AND, TO THE GREATEST EXTENT
PERMITTED BY LAW, SHARE RELEVANT INFORMATION WITH THE BUREAU OF CRIMINAL
INVESTIGATION  ENGAGED  IN OR PARTNERING IN AN INVESTIGATION PURSUANT TO
SUBDIVISION ONE-A OF SECTION TWO HUNDRED SIXTEEN OF THE  EXECUTIVE  LAW,
AND WITH THE BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS AND NEAR DEATHS
ESTABLISHED PURSUANT TO SECTION EIGHT HUNDRED FORTY-TWO-A OF SUCH LAW.
  (B) THE DISTRICT ATTORNEY SHALL CAREFULLY CONSIDER ANY INFORMATION AND
RECOMMENDATION  RECEIVED FROM SUCH BUREAU IN ACCORDANCE WITH SUBDIVISION
ONE-A OF SECTION TWO HUNDRED SIXTEEN OF THE EXECUTIVE LAW,  AS  WELL  AS
ANY  RECOMMENDATION  RECEIVED  FROM SUCH BOARD FOR REVIEW OF OFFICER-IN-
VOLVED DEATHS AND NEAR DEATHS,  AND  ANY  MEMBER  THEREOF,  PURSUANT  TO
SUBDIVISION  EIGHT OF SECTION EIGHT HUNDRED FORTY-TWO-A OF THE EXECUTIVE
LAW. NOTWITHSTANDING THE PROVISIONS  OF  ANY  OTHER  LAW,  THE  DISTRICT
ATTORNEY SHALL NOTIFY SUCH BOARD PROMPTLY AND IN WRITING AND WITH APPRO-
PRIATE DETAIL UPON COMMENCEMENT OF ANY GRAND JURY PROCEEDING POTENTIALLY
RELEVANT  TO  THE INVESTIGATION OF SUCH AN ENCOUNTER; PROVIDED, HOWEVER,
THAT THE FAILURE TO PROVIDE SUCH NOTICE OR ANY DELAY IN  PROVIDING  SUCH
NOTICE  SHALL  NOT AFFECT THE VALIDITY OF ANY INDICTMENT THAT MAY RESULT
FROM SUCH GRAND JURY PROCEEDING.
  S 5. Paragraph (a) of subdivision 4 of section 190.25 of the  criminal
procedure law, as amended by chapter 677 of the laws of 1985, is amended
to read as follows:
  (a)  Grand  jury  proceedings are secret, and no grand juror, or other
person specified in subdivision three of this section or section  215.70
of  the  penal law, may, except in the lawful discharge of his duties or
upon written order of the court, disclose the nature or substance of any
grand jury testimony, evidence, or any decision, result or other  matter
attending  a  grand  jury  proceeding.  For the purpose of assisting the
grand jury in conducting its investigation, evidence obtained by a grand
jury may be independently examined by the district attorney, members  of
his  staff,  police officers specifically assigned to the investigation,
INCLUDING OFFICERS OF THE BUREAU OF CRIMINAL INVESTIGATION PARTICIPATING
PURSUANT TO SUBDIVISION ONE-A OF SECTION  TWO  HUNDRED  SIXTEEN  OF  THE
EXECUTIVE LAW, MEMBERS OF THE BOARD OF REVIEW OF OFFICER-INVOLVED DEATHS
AND NEAR DEATHS SERVING PURSUANT TO SECTION EIGHT HUNDRED FORTY-TWO-A OF
SUCH LAW and such other persons as the court may specifically authorize.
Such  evidence  may  not  be  disclosed to other persons without a court
order.  Nothing contained herein shall prohibit a witness from  disclos-
ing his own testimony.
  S 6. This act shall take effect immediately.