NY State Senate Bill 2015-S7320

Senate Bill S7320

2015-2016 Legislative Session

Establishes a special prosecutor to investigate and prosecute matters involving the death of an unarmed civilian caused by a law enforcement officer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 15, 2016	referred to investigations and government operations

2015-S7320 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4703
2019-2020: S3010
2021-2022: S5188
2023-2024: S3510

2015-S7320 (ACTIVE) - Summary

Establishes a special prosecutor to investigate and prosecute matters involving the death of an unarmed civilian caused by a law enforcement officer.

2015-S7320 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7320

 TITLE OF BILL :

An act in relation to appointing a special prosecutor to investigate
and prosecute matters involving the death of an unarmed civilian
caused by a law enforcement officer

 PURPOSE :

To establish a special prosecutor to investigate and prosecute matters
involving the death of an unarmed civilian caused by a law enforcement
officer.

 SUMMARY OF PROVISIONS :

Section 1 provides the governor, by and with the advice and consent of
the senate, shall within 30 days of the effective date of this act
appoint a special prosecutor to investigate and prosecute any death of
an unarmed civilian caused by a police officer. The special prosecutor
shall have a term of 3 years, unless removed by the governor after
notice and an opportunity for a hearing, and only for one of the
following reasons: permanent disability, gross inefficiency, neglect
of duty, malfeasance, conviction of a felony or conduct involving
moral turpitude.

The special prosecutor shall receive an annual salary to be fixed by
law, and will possess all of the powers of an assistant attorney
general, but shall devote his or her full time and effort exclusively
to investigations and prosecutions of any death of an unarmed civilian
caused by a police officer. The section defines the powers and duties
of the special prosecutor in accordance with this job description.

Section 2 provides this act shall take effect on the sixtieth day
after it shall have become a law.

 EXISTING LAW :

None

 JUSTIFICATION :

In the wake of cases like Eric Garner - an unarmed man whose death was
caused by police, with no resulting indictment - there is increasing
support for a special prosecutor to be appointed to investigate and
prosecute such matters. While the governor granted this authority to
the attorney general, it was intended as a temporary measure until the
legislature enacted a permanent solution. The Queens for Justice
Committee was tasked with making a recommendation, and it concluded a
special prosecutor whose sole duty would be to attend to these cases,
was the most appropriate course of action.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

To be determined

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.

2015-S7320 (ACTIVE) - Bill Text download pdf

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

                                  7320

                            I N  S E N A T E

                             April 15, 2016
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT in relation to appointing a special prosecutor to investigate and
  prosecute matters involving the death of an unarmed civilian caused by
  a law enforcement officer

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

  Section  1. 1. The governor, by and with the advice and consent of the
senate, shall within 30 days of the effective date of this act appoint a
special prosecutor to investigate and prosecute any death of an  unarmed
civilian  caused  by  a  police officer, as defined in subdivision 34 of
section 1.20 of the criminal procedure law. The special prosecutor shall
serve for a term of 3 years unless removed by the governor, after notice
and an opportunity for a hearing, and then only for one or more  of  the
following reasons: permanent disability which renders the special prose-
cutor  incapable  of  performing  the duties of his or her office; gross
inefficiency, typified by a lack of ability to properly conduct investi-
gations and prosecutions; neglect of duty; malfeasance; conviction of  a
felony; or conduct involving moral turpitude.
  2.  Such special prosecutor shall receive an annual salary to be fixed
by law from within  the  amounts  appropriated  therefor.  Such  special
prosecutor  shall  possess  all  of  the powers of an assistant attorney
general otherwise authorized by this act  provided,  however  that  such
special  prosecutor  shall devote his or her full time and effort exclu-
sively to investigations and prosecutions of any  death  of  an  unarmed
civilian caused by a police officer.
  3.  The special prosecutor may appoint such other deputies, directors,
assistants, and other employees to serve  at  the  special  prosecutor's
pleasure  and  discretion as may be needed for the performance of duties
and may prescribe their powers and fix  their  compensation  within  the
amounts appropriated therefor.
  4.  The special prosecutor shall have the following special functions,
powers and duties:

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

                                                           LBD13678-01-6

S. 7320                             2

  (a) To exercise all the prosecutorial powers necessary to investigate,
and if warranted, prosecute any death of an unarmed civilian caused by a
police officer.  The special prosecutor's jurisdiction will displace and
supersede the jurisdiction of the county  district  attorney  where  the
incident occurred; and such county district attorney shall have only the
powers and duties designated to him or her by the special prosecutor;
  (b)  To  attend  in  person,  a term or terms of the county or supreme
court to be held in and for the county of such appropriate  jurisdiction
consistent  with  this act; appear in person before any grand jury drawn
for any term or terms of said court, for the purpose of  conducting  any
and  all proceedings, examinations, and inquiries; and bring any and all
criminal actions and proceedings which may be had or taken  before  said
grand  jury and other grand juries concerning or relating to any and all
alleged unlawful acts as described by this act;
  (c) To conduct a full, reasoned, and independent investigation includ-
ing, but not limited to, (i)  gathering  and  analyzing  evidence,  (ii)
conducting   witness   interviews,  and  (iii)  reviewing  investigative
reports, scientific reports, and audio and video recordings;
  (d) To report to the governor and the legislature on all cases  where,
(i)  the special prosecutor declines to present evidence to a grand jury
regarding the death of a civilian, whether in custody or not,  allegedly
caused by a police officer, or (ii) the grand jury declines to return an
indictment on any charges. The report will include, to the extent possi-
ble  and  lawful, an explanation of that outcome and any recommendations
for systemic reform arising from the investigation;
  (e) To make an annual report to the governor, the attorney general and
the legislature concerning such work during the preceding year,  and  to
make  such  further interim reports to them as they or any of them shall
deem advisable or require; and
  (f) To do all things necessary or convenient to carry  out  the  func-
tions, powers and duties set forth in this act.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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