NY State Senate Bill 2021-S3548

Senate Bill S3548

2021-2022 Legislative Session

Requires grand jury proceedings for police officers or peace officers involved in a shooting or excessive use of force to be conducted in open, contemporaneous public hearings

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 30, 2021	referred to codes

2021-S3548 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §190.55, CP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5625
2019-2020: S2905
2023-2024: S4728

2021-S3548 (ACTIVE) - Summary

Requires grand jury proceedings for police officers or peace officers involved in a shooting or excessive use of force to be conducted in open, contemporaneous public hearings.

2021-S3548 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3548

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to requiring
grand jury proceedings for police officers or peace officers involved in
a shooting or excessive use of force that led or leads to the death or
personal injury of an unarmed civilian to be conducted in open, contem-
poraneous public hearings; prohibiting indictment of a police or peace
officer involved in a shooting or an incident involving excessive use of
force by way of an indictment by information; and requiring a district
attorney who declines to pursue an indictment of police or peace offi-
cers to provide a report explaining his or her decision

 
PURPOSE:

This bill would require grand jury proceedings for police officers or
peace officers involved in a shooting or excessive use of force to be
conducted in open, contemporaneous public hearings.

SUMMARY OF PROVISIONS:

Section 1. Subdivision 1 of section 190.55 of the criminal procedure law
is amended to read as follows: (a) A grand jury may hear and examine
evidence concerning the alleged commission or any offense prosecutable
in the courts of the county, and concerning any misconduct, nonfeasance
or neglect in public office by a public servant, whether criminal or
otherwise. Grand jury proceedings for police officers or peace officers
involved in a shooting or excessive use of force that led or leads to
the death or personal injury of an unarmed civilian shall be conducted
in open, contemporaneous public hearings. A district attorney charged
with investigating police officers or peace officers involved in a
shooting or excessive use of force that led or leads to the death or
personal injury of an unarmed civilian shall not seek indictment of the
defendant officers by way of an indictment by information. A district
attorney who declines to pursue an indictment of police officers or
peace officers involved in a shooting or excessive use of force that led
or leads to the death or personal injury of an unarmed civilian shall
produce a detailed report that describes how they reached such decision.

 
EXISTING LAW:

New law

 
JUSTIFICATION:

To require grand jury proceedings for police officers or peace officers
involved in a shooting or excessive use of force to be conducted in
open, contemporaneous public hearings.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

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

2021-S3548 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3548
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  requiring
   grand  jury proceedings for police officers or peace officers involved
   in a shooting or excessive use of force that led or leads to the death
   or personal injury of an unarmed civilian to  be  conducted  in  open,
   contemporaneous public hearings; prohibiting indictment of a police or
   peace  officer  involved in a shooting or an incident involving exces-
   sive use of force by way of an indictment by information; and  requir-
   ing a district attorney who declines to pursue an indictment of police
   or peace officers to provide a report explaining his or her decision
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 190.55 of the  criminal  procedure
 law is amended to read as follows:
   1.  (A)  A  grand  jury  may  hear and examine evidence concerning the
 alleged commission of any offense prosecutable  in  the  courts  of  the
 county,  and concerning any misconduct, nonfeasance or neglect in public
 office by a public servant, whether criminal or otherwise.
   (B) GRAND JURY PROCEEDINGS  FOR  POLICE  OFFICERS  OR  PEACE  OFFICERS
 INVOLVED  IN  A  SHOOTING OR EXCESSIVE USE OF FORCE THAT LED OR LEADS TO
 THE DEATH OR PERSONAL INJURY OF AN UNARMED CIVILIAN SHALL  BE  CONDUCTED
 IN OPEN, CONTEMPORANEOUS PUBLIC HEARINGS.
   (C)  A DISTRICT ATTORNEY CHARGED WITH INVESTIGATING POLICE OFFICERS OR
 PEACE OFFICERS INVOLVED IN A SHOOTING OR EXCESSIVE USE OF FORCE THAT LED
 OR LEADS TO THE DEATH OR PERSONAL INJURY OF AN  UNARMED  CIVILIAN  SHALL
 NOT SEEK INDICTMENT OF THE DEFENDANT OFFICERS BY WAY OF AN INDICTMENT BY
 INFORMATION.
   (D) A DISTRICT ATTORNEY WHO DECLINES TO PURSUE AN INDICTMENT OF POLICE
 OFFICERS  OR  PEACE  OFFICERS INVOLVED IN A SHOOTING OR EXCESSIVE USE OF
 FORCE THAT LED OR LEADS TO THE DEATH OR PERSONAL INJURY  OF  AN  UNARMED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00307-01-1

 S. 3548                             2
 
 CIVILIAN SHALL PRODUCE A DETAILED REPORT THAT DESCRIBES HOW THEY REACHED
 SUCH DECISION.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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