NY State Senate Bill 2025-S1406

Senate Bill S1406

2025-2026 Legislative Session

Establishes a special prosecutor to investigate and prosecute matters involving the death of an unarmed civilian caused by a law enforcement officer

download bill text pdf

Current Bill Status - In Senate Committee Investigations And Government Operations 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 09, 2025	referred to investigations and government operations

2025-S1406 (ACTIVE) - Details

See Assembly Version of this Bill:: A1684
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7320
2017-2018: S4703
2019-2020: S3010, A9038
2021-2022: S5188, A6819
2023-2024: S3510, A3793

2025-S1406 (ACTIVE) - Summary

Establishes a special prosecutor to investigate and prosecute matters involving the death of an unarmed civilian caused by a law enforcement officer.

2025-S1406 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1406

SPONSOR: SANDERS
 
TITLE OF BILL:

An act in relation to appointing a special prosecutor to investigate and
prosecute matters involving the death of an unarmed civilian caused by a
law enforcement officer

 
PURPOSE:

To establish a special prosecutor to investigate and prosecute matters
involving the death of an unarmed civilian caused by a law enforcement
officer.

 
SUMMARY OF PROVISIONS:

Section 1 provides the governor, by and with the advice and consent of
the senate, shall within 30 days of the effective date of this act
appoint a special prosecutor to investigate and prosecute any death of
an unarmed civilian caused by a police officer. The special prosecutor
shall have a term of 3 years, unless removed by the governor after

notice and an opportunity for a hearing, and only for one of the follow-
ing reasons: permanent disability, gross inefficiency, neglect of duty,
malfeasance, conviction of a felony or conduct involving moral turpi-
tude.

The special prosecutor shall receive an annual salary to be fixed by
law, and will possess all of the powers of an assistant attorney gener-
al, but shall devote his or her full time and effort exclusively to
investigations and prosecutions of any death of an unarmed civilian
caused by a police officer. The section defines the powers and duties of
the special prosecutor in accordance with this job description.

Section 2 provides this act shall take effect on the sixtieth day after
it shall have become a law.

 
EXISTING LAW:

None

 
JUSTIFICATION:

In the wake of cases like Eric Garner - an unarmed man whose death was
caused by police, with no resulting indictment - there is increasing
support for a special prosecutor to be appointed to investigate and
prosecute such matters. While the governor granted this authority to the
attorney general, it was intended as a temporary measure until the
legislature enacted a permanent solution. The Queens for Justice Commit-
tee was tasked with making a recommendation, and it concluded a special
prosecutor whose sole duty would be to attend to these cases, was the
most appropriate course of action.

 
LEGISLATIVE HISTORY:

2021-22 REFERRED TO SENATE INVESTIGATIONS AND GOVERNMENT OPERATIONS

2021-22 referred to assembly codes

2019-20 REFERRED TO SENATE INVESTIGATIONS AND GOVERNMENT OPERATIONS

2020 referred to assembly codes

2017-18 REFERRED TO SENATE INVESTIGATIONS AND GOVERNMENT OPERATIONS

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have

2025-S1406 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1406
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT in relation to appointing a special prosecutor to investigate and
   prosecute matters involving the death of an unarmed civilian caused by
   a law enforcement officer

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 1. The governor, by and with the advice and consent of the
 senate, shall within 30 days of the effective date of this act appoint a
 special prosecutor to investigate and prosecute any death of an  unarmed
 civilian  caused  by  a  police officer, as defined in subdivision 34 of
 section 1.20 of the criminal procedure law. The special prosecutor shall
 serve for a term of 3 years unless removed by the governor, after notice
 and an opportunity for a hearing, and then only for one or more  of  the
 following reasons: permanent disability which renders the special prose-
 cutor  incapable  of  performing the duties of such special prosecutor's
 office; gross inefficiency, typified by a lack of  ability  to  properly
 conduct  investigations  and prosecutions; neglect of duty; malfeasance;
 conviction of a felony; or conduct involving moral turpitude.
   2. Such special prosecutor shall receive an annual salary to be  fixed
 by  law  from  within  the  amounts  appropriated therefor. Such special
 prosecutor shall possess all of the  powers  of  an  assistant  attorney
 general  otherwise  authorized  by  this act provided, however that such
 special prosecutor shall devote such special prosecutor's full time  and
 effort exclusively to investigations and prosecutions of any death of an
 unarmed civilian caused by a police officer.
   3.  The special prosecutor may appoint such other deputies, directors,
 assistants, and other employees to serve  at  the  special  prosecutor's
 pleasure  and  discretion as may be needed for the performance of duties

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00245-01-5
 S. 1406                             2

 
 and may prescribe their powers and fix  their  compensation  within  the
 amounts appropriated therefor.
   4.  The special prosecutor shall have the following special functions,
 powers and duties:
   (a) To exercise all the prosecutorial powers necessary to investigate,
 and if warranted, prosecute any death of an unarmed civilian caused by a
 police officer.  The special prosecutor's jurisdiction will displace and
 supersede the jurisdiction of the county  district  attorney  where  the
 incident occurred; and such county district attorney shall have only the
 powers  and  duties  designated  to such county district attorney by the
 special prosecutor;
   (b) To attend in person, a term or terms  of  the  county  or  supreme
 court  to be held in and for the county of such appropriate jurisdiction
 consistent with this act; appear in person before any grand  jury  drawn
 for  any  term or terms of said court, for the purpose of conducting any
 and all proceedings, examinations, and inquiries; and bring any and  all
 criminal  actions  and proceedings which may be had or taken before said
 grand jury and other grand juries concerning or relating to any and  all
 alleged unlawful acts as described by this act;
   (c) To conduct a full, reasoned, and independent investigation includ-
 ing,  but  not  limited  to,  (i) gathering and analyzing evidence, (ii)
 conducting  witness  interviews,  and  (iii)   reviewing   investigative
 reports, scientific reports, and audio and video recordings;
   (d)  To report to the governor and the legislature on all cases where,
 (i) the special prosecutor declines to present evidence to a grand  jury
 regarding  the death of a civilian, whether in custody or not, allegedly
 caused by a police officer, or (ii) the grand jury declines to return an
 indictment on any charges. The report will include, to the extent possi-
 ble and lawful, an explanation of that outcome and  any  recommendations
 for systemic reform arising from the investigation;
   (e) To make an annual report to the governor, the attorney general and
 the  legislature  concerning such work during the preceding year, and to
 make such further interim reports to them as they or any of  them  shall
 deem advisable or require; and
   (f)  To  do  all things necessary or convenient to carry out the func-
 tions, powers and duties set forth in this act.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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