Assembly Bill A3763

2017-2018 Legislative Session

Grants the attorney general jurisdiction to investigate and prosecute police misconduct

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2017-A3763 (ACTIVE) - Details

See Senate Version of this Bill:
S1071
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §63, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1486, S2059
2011-2012: A4382, S6534
2013-2014: A2803, S1043
2015-2016: A5524, S716
2019-2020: A3990, S480
2021-2022: A2006
2023-2024: A740

2017-A3763 (ACTIVE) - Summary

Grants the attorney general jurisdiction to investigate and prosecute police misconduct.

2017-A3763 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3763
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by M. of A. AUBRY, PERRY, KAVANAGH, SEPULVEDA -- Multi-Spon-
   sored by -- M.  of A. COOK, DINOWITZ,  FARRELL,  GANTT,  GLICK,  GOTT-
   FRIED,  HOOPER, ORTIZ, PRETLOW, 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 17 to read as follows:
   17.    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.
   § 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.
                                                            LBD00944-01-7

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