S T A T E O F N E W Y O R K
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2215
2019-2020 Regular Sessions
I N S E N A T E
January 23, 2019
___________
Introduced by Sens. BAILEY, MONTGOMERY, SEPULVEDA -- 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:
§ 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.
LBD05480-01-9
S. 2215 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. 2215 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. 2215 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.
