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A02165 Summary:

BILL NOA02165
 
SAME ASSAME AS S02905
 
SPONSORBarron (MS)
 
COSPNSRVanel, Williams, Wright, Ortiz, Blake, Cook, Mosley, Titus, O'Donnell, Perry, Rivera, Taylor, Arroyo, Glick
 
MLTSPNSRDe La Rosa, Hyndman
 
Amd 190.55, CP L
 
Requires grand jury proceedings for police officers or peace officers involved in a shooting or excessive use of force to be conducted in open, contemporaneous public hearings.
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A02165 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2165
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by  M.  of A. BARRON, VANEL, WILLIAMS, WRIGHT, ORTIZ, BLAKE,
          COOK, MOSLEY, TITUS, O'DONNELL, PERRY -- Multi-Sponsored by --  M.  of
          A. HYNDMAN -- read once and referred to the Committee on Codes
 
        AN  ACT  to  amend  the criminal procedure law, in relation to requiring
          grand jury proceedings for police officers or peace officers  involved
          in a shooting or excessive use of force that led or leads to the death
          or  personal  injury  of  an unarmed civilian to be conducted in open,
          contemporaneous public hearings; prohibiting indictment of a police or
          peace officer involved in a shooting or an incident  involving  exces-
          sive  use of force by way of an indictment by information; and requir-
          ing a district attorney who declines to pursue an indictment of police
          or peace officers to provide a report explaining his or her decision
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 1 of section 190.55 of the criminal procedure
     2  law is amended to read as follows:
     3    1. (a) A grand jury may  hear  and  examine  evidence  concerning  the
     4  alleged  commission  of  any  offense  prosecutable in the courts of the
     5  county, and concerning any misconduct, nonfeasance or neglect in  public
     6  office by a public servant, whether criminal or otherwise.
     7    (b)  Grand  jury  proceedings  for  police  officers or peace officers
     8  involved in a shooting or excessive use of force that led  or  leads  to
     9  the  death  or personal injury of an unarmed civilian shall be conducted
    10  in open, contemporaneous public hearings.
    11    (c) A district attorney charged with investigating police officers  or
    12  peace officers involved in a shooting or excessive use of force that led
    13  or  leads  to  the death or personal injury of an unarmed civilian shall
    14  not seek indictment of the defendant officers by way of an indictment by
    15  information.
    16    (d) A district attorney who declines to pursue an indictment of police
    17  officers or peace officers involved in a shooting or  excessive  use  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00038-01-9

        A. 2165                             2
 
     1  force  that  led  or leads to the death or personal injury of an unarmed
     2  civilian shall produce a detailed report that describes how they reached
     3  such decision.
     4    §  2.  This  act shall take effect on the thirtieth day after it shall
     5  have become a law.
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