NY State Senate Bill 2021-S7049A

Senate Bill S7049A

2021-2022 Legislative Session

Relates to the office of special investigation inspecting serious physical injuries that may have resulted in death

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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
May 24, 2022	print number 7049a
May 24, 2022	amend and recommit to finance
Jan 05, 2022	referred to finance
May 26, 2021	referred to finance

Bill Amendments

Original

A (Active)

2021-S7049 - Details

See Assembly Version of this Bill:: A4687
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §70-b, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S952, A2151

2021-S7049 - Summary

Authorizes the office of special investigation to inspect serious physical injuries that may have resulted in death, or did result in paralysis, comatose, brain damage, or any other life threatening grave bodily injury as determined by the attorney general.

2021-S7049 - Sponsor Memo

                                
 
BILL NUMBER: S7049

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the executive law, in relation to the office of special
investigation inspecting serious physical injuries that may have
resulted in death

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish a demonstration project whereby
the Attorney General would investigate, and prosecute if warranted,
incidents involving police officers' actions causing serious injury to a
person.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivisions 1 and 2 of section 70-b of the executive
law and adds a new subdivision 1-a to establish a demonstration project
to require the office of special investigation within the Office of the

Attorney General to investigate, and prosecute if warranted, incidents
involving police officers that resulted in serious physical injury of a
person, that the Attorney General determines such serious physical inju-
ry reasonably could have resulted in death, or did result in paralysis,
comatose, brain damage, or any other life threatening grave bodily inju-
ry as determined by the Attorney General. These incidents would be
treated in the same manner as officer involved deaths. This demon-
stration project would be established in counties outside of the City of
New York that have a population under one million and over four hundred
thousand.

Section 2 establishes the effective date and provides that the act shall
be deemed repealed five years after the effective date.

 
JUSTIFICATION:

The Legislature enacted chapter 95 of the laws of 2020 that established
the Office of Special Investigation within the Office of the Attorney
General, which has investigative authority and criminal jurisdiction
over any incident in which the death of a person is caused by an act or
omission of a police officer or certain peace officers. This landmark
law is critical to promoting public trust in the criminal justice
system, removing any potential conflicts of interest with officer
involved death, and effecting systemic changes.

It is appropriate to expand this law to establish a demonstration
project for officer involved incidents that result in serious injury or
near death. There have been several incidents of officer involved acts
resulting in serious injury and near-death experiences.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None. This bill will be administered within existing resources.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2022.

2021-S7049 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7049
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 26, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation to the office of  special
   investigation  inspecting  serious  physical  injuries  that  may have
   resulted in death

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 1 and 2 of section 70-b of the executive law,
 as added by chapter 95 of the laws of 2020, are amended and a new subdi-
 vision 1-a is added to read as follows:
   1. There shall be established within the office of the attorney gener-
 al  an  office  of  special  investigation.  Notwithstanding  any  other
 provision  of law, the office of special investigation shall investigate
 and, if warranted, prosecute any alleged criminal  offense  or  offenses
 committed  by a person, whether or not formally on duty, who is a police
 officer, as defined in subdivision thirty-four of section  1.20  of  the
 criminal procedure law, or a peace officer as defined in section 2.10 of
 the criminal procedure law, provided that such peace officer is employed
 or  contracted  by  an  education, public health, social service, parks,
 housing or corrections agency, or is  a  peace  officer  as  defined  in
 subdivision  twenty-five  of section 2.10 of the criminal procedure law,
 concerning any incident in which the death, OR SERIOUS  PHYSICAL  INJURY
 PURSUANT  TO  SUBDIVISION ONE-A OF THIS SECTION, of a person, whether in
 custody or not, is caused by an act or omission of such  police  officer
 or  peace officer or in which the attorney general determines there is a
 question as to whether the death, OR SERIOUS PHYSICAL INJURY PURSUANT TO
 SUBDIVISION ONE-A OF THIS SECTION, was in fact caused by an act or omis-
 sion of such police officer or peace officer.
   1-A. THE OFFICE OF SPECIAL  INVESTIGATION  SHALL  ESTABLISH  A  DEMON-
 STRATION  PROJECT  IN CERTAIN COUNTIES RELATED TO INCIDENTS DESCRIBED IN
 SUBDIVISION ONE OF THIS SECTION THAT RESULT IN SERIOUS  PHYSICAL  INJURY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02723-05-1

 S. 7049                             2
 
 OF  A PERSON, THAT THE ATTORNEY GENERAL DETERMINES SUCH SERIOUS PHYSICAL
 INJURY REASONABLY COULD HAVE RESULTED IN DEATH, OR DID RESULT IN PARALY-
 SIS, COMATOSE, BRAIN DAMAGE, OR ANY OTHER LIFE THREATENING GRAVE  BODILY
 INJURY AS DETERMINED BY THE ATTORNEY GENERAL. SUCH DEMONSTRATION PROJECT
 SHALL  BE  ESTABLISHED  FOR  INCIDENTS  OCCURRING IN COUNTIES NOT WHOLLY
 CONTAINED WITHIN A CITY WITH A POPULATION AS OF THE MOST  RECENT  CENSUS
 UNDER ONE MILLION AND OVER FOUR HUNDRED THOUSAND. THE PROVISIONS OF THIS
 SECTION  SHALL  APPLY  TO  THE DEMONSTRATION PROJECT ESTABLISHED BY THIS
 SUBDIVISION IN THE SAME MANNER AS INCIDENTS OF DEATH OF A  PERSON  UNDER
 THE JURISDICTION OF THE ATTORNEY GENERAL AS PRESCRIBED BY THIS SECTION.
   2.  The  attorney  general  has  investigative  authority and criminal
 jurisdiction under this section at the time of  the  death,  OR  SERIOUS
 PHYSICAL  INJURY  PURSUANT  TO SUBDIVISION ONE-A OF THIS SECTION, of the
 person and the attorney  general  retains  investigative  authority  and
 criminal  jurisdiction  over  the  incident  unless the attorney general
 determines that such incident does not meet  the  requirements  of  this
 section.  If  the attorney general determines the incident does not meet
 the requirements for the attorney general to have investigative authori-
 ty and criminal jurisdiction pursuant  to  this  section,  the  attorney
 general  shall,  as  soon as practicable, provide written notice of such
 determination to the district attorney for the county in which the inci-
 dent occurred.
   § 2. This act shall take effect January 1, 2022.

2021-S7049A (ACTIVE) - Details

See Assembly Version of this Bill:: A4687
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §70-b, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S952, A2151

2021-S7049A (ACTIVE) - Summary

2021-S7049A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7049A

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the executive law, in relation to the office of special
investigation inspecting serious physical injuries that may have
resulted in death

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivisions 1 and 2 of section 70-b of the executive
law and adds a new subdivision 1-a to establish a demonstration project
to require the office of special investigation within the Office of the
Attorney General to investigate, and prosecute if warranted, incidents
involving police officers that resulted in serious physical injury of a
person, that the Attorney General determines such serious physical inju-
ry reasonably could have resulted in death, or did result in paralysis,
comatose, brain damage, or any other life threatening grave bodily inju-
ry as determined by the Attorney General. These incidents would be
treated in the same manner as officer involved deaths. This demon-
stration project would be established in counties outside of the City of
New York that have a population under one million and over four hundred

thousand.

Section 2 establishes the effective date and provides that the act shall
be deemed repealed five years after the effective date.

 
JUSTIFICATION:

The Legislature enacted chapter 95 of the laws of 2020 that established
the Office of Special Investigation within the Office of the Attorney
General, which has investigative authority and criminal jurisdiction
over any incident in which the death of a person is caused by an act or
omission of a police officer or certain peace officers. This landmark
law is critical to promoting public trust in the criminal justice
system, removing any potential conflicts of interest with officer
involved death, and effecting systemic changes.

It is appropriate to expand this law to establish a demonstration
project for officer involved incidents that result in serious injury or
near death. There have been several incidents of officer involved acts
resulting in serious injury and near-death experiences.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None. This bill will be administered within existing resources.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2023.

2021-S7049A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7049--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 26, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance -- recommitted  to
   the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT to amend the executive law, in relation to the office of special
   investigation inspecting  serious  physical  injuries  that  may  have
   resulted in death
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 70-b of the executive  law,
 as added by chapter 95 of the laws of 2020, are amended and a new subdi-
 vision 1-a is added to read as follows:
   1. There shall be established within the office of the attorney gener-
 al  an  office  of  special  investigation.  Notwithstanding  any  other
 provision of law, the office of special investigation shall  investigate
 and,  if  warranted,  prosecute any alleged criminal offense or offenses
 committed by a person, whether or not formally on duty, who is a  police
 officer,  as  defined  in subdivision thirty-four of section 1.20 of the
 criminal procedure law, or a peace officer as defined in section 2.10 of
 the criminal procedure law, provided that such peace officer is employed
 or contracted by an education, public  health,  social  service,  parks,
 housing  or  corrections  agency,  or  is  a peace officer as defined in
 subdivision twenty-five of section 2.10 of the criminal  procedure  law,
 concerning  any  incident in which the death, OR SERIOUS PHYSICAL INJURY
 PURSUANT TO SUBDIVISION ONE-A OF THIS SECTION, of a person,  whether  in
 custody  or  not, is caused by an act or omission of such police officer
 or peace officer or in which the attorney general determines there is  a
 question as to whether the death, OR SERIOUS PHYSICAL INJURY PURSUANT TO
 SUBDIVISION ONE-A OF THIS SECTION, was in fact caused by an act or omis-
 sion of such police officer or peace officer.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02723-07-2

 S. 7049--A                          2
 
   1-A.  THE  OFFICE  OF  SPECIAL  INVESTIGATION SHALL ESTABLISH A DEMON-
 STRATION PROJECT IN CERTAIN COUNTIES RELATED TO INCIDENTS  DESCRIBED  IN
 SUBDIVISION  ONE  OF THIS SECTION THAT RESULT IN SERIOUS PHYSICAL INJURY
 OF A PERSON, THAT THE ATTORNEY GENERAL DETERMINES SUCH SERIOUS  PHYSICAL
 INJURY REASONABLY COULD HAVE RESULTED IN DEATH, OR DID RESULT IN PARALY-
 SIS,  COMATOSE, BRAIN DAMAGE, OR ANY OTHER LIFE THREATENING GRAVE BODILY
 INJURY AS DETERMINED BY THE ATTORNEY GENERAL. SUCH DEMONSTRATION PROJECT
 SHALL BE ESTABLISHED FOR INCIDENTS  OCCURRING  IN  COUNTIES  NOT  WHOLLY
 CONTAINED  WITHIN  A CITY WITH A POPULATION AS OF THE MOST RECENT CENSUS
 UNDER ONE MILLION AND OVER FOUR HUNDRED THOUSAND. THE PROVISIONS OF THIS
 SECTION SHALL APPLY TO THE DEMONSTRATION  PROJECT  ESTABLISHED  BY  THIS
 SUBDIVISION  IN  THE SAME MANNER AS INCIDENTS OF DEATH OF A PERSON UNDER
 THE JURISDICTION OF THE ATTORNEY GENERAL AS PRESCRIBED BY THIS SECTION.
   2. The attorney  general  has  investigative  authority  and  criminal
 jurisdiction  under  this  section  at the time of the death, OR SERIOUS
 PHYSICAL INJURY PURSUANT TO SUBDIVISION ONE-A OF THIS  SECTION,  of  the
 person  and  the  attorney  general  retains investigative authority and
 criminal jurisdiction over the  incident  unless  the  attorney  general
 determines  that  such  incident  does not meet the requirements of this
 section. If the attorney general determines the incident does  not  meet
 the requirements for the attorney general to have investigative authori-
 ty  and  criminal  jurisdiction  pursuant  to this section, the attorney
 general shall, as soon as practicable, provide written  notice  of  such
 determination to the district attorney for the county in which the inci-
 dent occurred.
   § 2. This act shall take effect January 1, 2023.

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