Authorizes the attorney general to investigate and prosecute the alleged commission of any criminal offense or offenses committed by police officers in connection with the performance of their regular duties.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5564
SPONSOR: Jackson TITLE OF BILL:
An act to amend the executive law, in relation to granting the attorney
general jurisdiction to investigate and prosecute police misconduct
PURPOSE:
The purpose of this legislation is to authorize the attorney general to
investigate and prosecute the alleged commission of any criminal offense
or offenses committed by police officers in connection with the perform-
ance of their regular duties under limited, specific circumstances.
SUMMARY OF PROVISIONS:
Section 1: Amends section 63 of the executive law by adding a new subdi-
vision 18 which grants the attorney general jurisdiction to investigate
and prosecute police misconduct under specific circumstances as
described in the section.
Section 2: Sets forth the effective date.
JUSTIFICATION:
This legislation is necessary to ensure the effective prosecution of
alleged criminal conduct committed by police officers in instances where
the local prosecutor lacks adequate resources to prosecute or where
prosecution by the attorney general is necessary to safeguard the
public's confidence in the judicial system.
LEGISLATIVE HISTORY:
A740 of 2023-2024: Referred to Codes
A2006 of 2021-2022: Referred to Codes
A3990 of 2019-2020: Referred to Codes
A3763 of 2017-2018: Referred to Codes
A5524-A of 2015-2016: Referred to Codes
FISCAL IMPLICATIONS:
Limited additional costs readily absorbed by the Department of Law.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law.
STATE OF NEW YORK
________________________________________________________________________
5564
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the executive law, in relation to granting the attorney
general jurisdiction to investigate and prosecute police misconduct
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 63 of the executive law is amended by adding a new
2 subdivision 18 to read as follows:
3 18. Investigate the alleged commission of any criminal offense or
4 offenses committed by a police officer in connection with the perform-
5 ance of such police officer's official duties, and prosecute any such
6 person or persons believed to have committed such criminal offense or
7 offenses in connection with the performance of such person or person's
8 official duties. The attorney general may only exercise the jurisdic-
9 tion provided by this subdivision upon a written finding that such
10 jurisdiction is necessary because: (a) of a lack of alternative prosecu-
11 torial resources to adequately investigate and prosecute such criminal
12 offense or offenses or, (b) the exercise of such jurisdiction is neces-
13 sary to ensure the confidence of the public in the judicial system. In
14 all such proceedings, the attorney general may appear in person or by
15 their deputy or assistant before any court or grand jury and exercise
16 all of the powers and perform all of the duties with respect to such
17 actions or proceedings which the district attorney would otherwise be
18 authorized or required to exercise or perform.
19 § 2. This act shall take effect on the ninetieth day after it shall
20 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08361-01-5
