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.
STATE OF NEW YORK
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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.
