S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4025
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2017
                                ___________
 
 Introduced  by Sens. BAILEY, MONTGOMERY -- read twice and ordered print-
   ed, 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:
   §  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.
                                                            LBD08071-01-7
              

 S. 4025                             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. 4025                             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.
   §  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.
   § 3. The executive law is amended by adding a  new  section  839-a  to
 read as follows:
   §  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.
   § 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. 4025                             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.
   § 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.
   § 6. This act shall take effect immediately.