New York Assembly Bill A01684 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 1684 2025-2026 Regular Sessions  IN ASSEMBLY January 14, 2025 ___________ Introduced by M. of A. TAYLOR -- read once and referred to the Committee on Codes 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: 1 Section 1. 1. The governor, by and with the advice and consent of the 2 senate, shall within 30 days of the effective date of this act appoint a 3 special prosecutor to investigate and prosecute any death of an unarmed 4 civilian caused by a police officer, as defined in subdivision 34 of 5 section 1.20 of the criminal procedure law. The special prosecutor shall 6 serve for a term of 3 years unless removed by the governor, after notice 7 and an opportunity for a hearing, and then only for one or more of the 8 following reasons: permanent disability which renders the special prose- 9 cutor incapable of performing the duties of such special prosecutor's 10 office; gross inefficiency, typified by a lack of ability to properly 11 conduct investigations and prosecutions; neglect of duty; malfeasance; 12 conviction of a felony; or conduct involving moral turpitude. 13 2. Such special prosecutor shall receive an annual salary to be fixed 14 by law from within the amounts appropriated therefor. Such special 15 prosecutor shall possess all of the powers of an assistant attorney 16 general otherwise authorized by this act provided, however that such 17 special prosecutor shall devote such special prosecutor's full time and 18 effort exclusively to investigations and prosecutions of any death of an 19 unarmed civilian caused by a police officer. 20 3. The special prosecutor may appoint such other deputies, directors, 21 assistants, and other employees to serve at the special prosecutor's 22 pleasure and discretion as may be needed for the performance of duties 23 and may prescribe their powers and fix their compensation within the 24 amounts appropriated therefor. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00245-01-5 
 A. 1684 2 1 4. The special prosecutor shall have the following special functions, 2 powers and duties: 3 (a) To exercise all the prosecutorial powers necessary to investigate, 4 and if warranted, prosecute any death of an unarmed civilian caused by a 5 police officer. The special prosecutor's jurisdiction will displace and 6 supersede the jurisdiction of the county district attorney where the 7 incident occurred; and such county district attorney shall have only the 8 powers and duties designated to such county district attorney by the 9 special prosecutor; 10 (b) To attend in person, a term or terms of the county or supreme 11 court to be held in and for the county of such appropriate jurisdiction 12 consistent with this act; appear in person before any grand jury drawn 13 for any term or terms of said court, for the purpose of conducting any 14 and all proceedings, examinations, and inquiries; and bring any and all 15 criminal actions and proceedings which may be had or taken before said 16 grand jury and other grand juries concerning or relating to any and all 17 alleged unlawful acts as described by this act; 18 (c) To conduct a full, reasoned, and independent investigation includ- 19 ing, but not limited to, (i) gathering and analyzing evidence, (ii) 20 conducting witness interviews, and (iii) reviewing investigative 21 reports, scientific reports, and audio and video recordings; 22 (d) To report to the governor and the legislature on all cases where, 23 (i) the special prosecutor declines to present evidence to a grand jury 24 regarding the death of a civilian, whether in custody or not, allegedly 25 caused by a police officer, or (ii) the grand jury declines to return an 26 indictment on any charges. The report will include, to the extent possi- 27 ble and lawful, an explanation of that outcome and any recommendations 28 for systemic reform arising from the investigation; 29 (e) To make an annual report to the governor, the attorney general and 30 the legislature concerning such work during the preceding year, and to 31 make such further interim reports to them as they or any of them shall 32 deem advisable or require; and 33 (f) To do all things necessary or convenient to carry out the func- 34 tions, powers and duties set forth in this act. 35 § 2. This act shall take effect on the sixtieth day after it shall 36 have become a law.