Bill Text: NY A09721 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires the office of special investigation to conclude investigations into alleged criminal offenses committed by police officers resulting in a death and issue a report within sixty days.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced) 2024-05-14 - held for consideration in codes [A09721 Detail]

Download: New_York-2023-A09721-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9721

                   IN ASSEMBLY

                                      April 3, 2024
                                       ___________

        Introduced  by  M.  of  A. J. A. GIGLIO -- read once and referred to the
          Committee on Codes

        AN ACT to amend the executive law, in relation to the office of  special
          investigation

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 2 and 6 of section 70-b of the executive  law,
     2  as  added  by  chapter  95  of  the laws of 2020, are amended to read as
     3  follows:
     4    2. The attorney  general  has  investigative  authority  and  criminal
     5  jurisdiction  under  this section at the time of the death of the person
     6  and the attorney general retains investigative  authority  and  criminal
     7  jurisdiction  over  the  incident unless the attorney general determines
     8  that such incident does not meet the requirements of  this  section.  If
     9  the  attorney general determines the incident does not meet the require-
    10  ments for the attorney general to have investigative authority and crim-
    11  inal jurisdiction pursuant to this section, the attorney general  shall,
    12  [as  soon  as  practicable] within sixty days, provide written notice of
    13  such determination to the district attorney for the county in which  the
    14  incident occurred.
    15    6.  (a)  For  any  incident  under this section, the office of special
    16  investigation shall issue a public report and post  the  report  on  its
    17  website whenever the office of special investigation initiates an inves-
    18  tigation and (i) the office of special investigation declines to present
    19  evidence  to  a  grand  jury or (ii) the office of special investigation
    20  does present evidence to a grand jury but the  grand  jury  declines  to
    21  return indictment on any charges. The report will include, to the extent
    22  possible  and  lawful, the results of the investigation of the incident.
    23  Such report shall be issued within sixty days of the initiation  of  the
    24  investigation;  provided  that such period may, for good cause shown, be
    25  extended for thirty day intervals.
    26    (b) The report shall also include: (i) with  respect  to  subparagraph
    27  (i)  of  paragraph (a) of this subdivision, an explanation as to why the
    28  office of special investigation declined to present evidence to a  grand

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14829-01-4
        A. 9721                             2

     1  jury; and (ii) any recommendations for systemic or other reforms arising
     2  from the investigation.
     3    §  2.  This  act  shall take effect on the sixtieth day after it shall
     4  have become a law.