Senate Bill S1291

2025-2026 Legislative Session

Relates to the appointment of a special independent counsel

download bill text pdf

Sponsored By

Current 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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2025-S1291 (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §70-b, Exec L

2025-S1291 (ACTIVE) - Summary

Provides that in instances involving alleged criminal offense or offenses committed by a person, whether or not formally on duty, who is a peace officer as defined in section 2.10 of the criminal procedure law and employed or contracted by a 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 of a person, whether in custody or not, is caused by an act or omission of such peace officer, the attorney general shall have the authority to transfer the investigatory authority and criminal jurisdiction under this section to an individual or individuals independent of the office of the attorney general.

2025-S1291 (ACTIVE) - Sponsor Memo

2025-S1291 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1291
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 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 appointment  of  a
   special independent counsel
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 70-b  of  the  executive  law,  as
 added by chapter 95 of the laws of 2020, is amended to read as follows:
   2.  (A)  The attorney general has investigative authority and criminal
 jurisdiction under this section at the time of the death 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  require-
 ments for the attorney general to have investigative authority and crim-
 inal  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 incident occurred.
   (B)    IN  INSTANCES  INVOLVING  ALLEGED  CRIMINAL OFFENSE OR OFFENSES
 COMMITTED BY A PERSON, WHETHER OR NOT FORMALLY ON DUTY, WHO IS  A  PEACE
 OFFICER  AS  DEFINED  IN  SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW AND
 EMPLOYED OR CONTRACTED BY A 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 OF A PERSON,
 WHETHER IN CUSTODY OR NOT, IS CAUSED BY AN ACT OR OMISSION OF SUCH PEACE
 OFFICER, THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO  TRANSFER  THE
 INVESTIGATORY  AUTHORITY AND CRIMINAL JURISDICTION UNDER THIS SECTION TO
 AN INDIVIDUAL OR INDIVIDUALS INDEPENDENT OF THE OFFICE OF  THE  ATTORNEY
 GENERAL. SUCH INDIVIDUAL OR INDIVIDUALS SHALL BE A LAWYER WITH A REPUTA-
 TION  FOR  INTEGRITY AND IMPARTIAL DECISION MAKING, AND WITH APPROPRIATE
 EXPERIENCE TO ENSURE BOTH THAT THE INVESTIGATION WILL BE CONDUCTED ABLY,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03061-01-5

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