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S02905 Summary:

BILL NOS02905
 
SAME ASSAME AS A02165
 
SPONSORSANDERS
 
COSPNSR
 
MLTSPNSR
 
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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S02905 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2905
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 30, 2019
                                       ___________
 
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed 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
    18  force that led or leads to the death or personal injury  of  an  unarmed
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00038-01-9

        S. 2905                             2
 
     1  civilian shall produce a detailed report that describes how they reached
     2  such decision.
     3    §  2.  This  act shall take effect on the thirtieth day after it shall
     4  have become a law.
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