Bill Text: NY A04298 | 2015-2016 | General Assembly | Introduced

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Bill Title: Establishes a board for review of officer-involved deaths; establishes such to be a five member board; requires police agencies to create written procedures for reviewing deaths involving police officers; requires investigative team of at least 3 people to review each death and a final report to be provided to the board.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A04298 Detail]

Download: New_York-2015-A04298-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4298
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2015
                                      ___________
       Introduced by M. of A. TITONE -- read once and referred to the Committee
         on Governmental Operations
       AN  ACT  to amend the executive law, in relation to establishing a board
         for review of officer-involved deaths  and  procedures  for  reviewing
         deaths involving police officers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by  adding  two  new  sections
    2  845-c and 845-d to read as follows:
    3    S  845-C.  BOARD  FOR  REVIEW OF OFFICER-INVOLVED DEATHS.  1. THERE IS
    4  HEREBY CREATED A BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS.  THE BOARD
    5  SHALL BE COMPOSED OF FIVE MEMBERS AS FOLLOWS:
    6    (A) ONE RETIRED OR RESERVE JUDGE.
    7    (B) A FORMER SHERIFF, CHIEF OF POLICE, CHIEF DEPUTY SHERIFF, OR DEPUTY
    8  CHIEF OF POLICE.
    9    (C) AN ASSISTANT ATTORNEY GENERAL.
   10    (D) A PROFESSOR OR RESEARCHER AFFILIATED WITH THE STATE UNIVERSITY  OF
   11  NEW  YORK  WHO  HAS  EXPERTISE  IN THE FIELD OF CRIMINAL LAW OR CRIMINAL
   12  JUSTICE.
   13    (E) A FORMER DISTRICT ATTORNEY  OR  ASSISTANT  DISTRICT  ATTORNEY  WHO
   14  SERVED IN THAT CAPACITY FOR AT LEAST TEN YEARS.
   15    2. THE MEMBERS OF THE BOARD SHALL BE APPOINTED BY THE COMMISSIONER FOR
   16  STAGGERED FOUR-YEAR TERMS.
   17    3.  THE  BOARD  FOR  REVIEW  OF  OFFICER-INVOLVED DEATHS SHALL MEET AS
   18  NECESSARY TO PERFORM ITS DUTIES UNDER SECTION EIGHT HUNDRED FORTY-FIVE-D
   19  OF THIS ARTICLE.
   20    S 845-D. REVIEW OF DEATHS INVOLVING POLICE OFFICERS.  1.  EACH  POLICE
   21  AGENCY  SHALL  HAVE  A  WRITTEN  POLICY REGARDING THE HANDLING OF DEATHS
   22  INVOLVING A POLICE OFFICER EMPLOYED BY  THE  DIVISION.  EACH  POLICY  IS
   23  SUBJECT  TO  THE  REVIEW  AND  APPROVAL  OF  THE  BOARD  FOR  REVIEW  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06101-01-5
       A. 4298                             2
    1  OFFICER-INVOLVED DEATHS ESTABLISHED PURSUANT TO  SECTION  EIGHT  HUNDRED
    2  FORTY-FIVE-C OF THIS ARTICLE.
    3    2. (A) EACH POLICY SHALL REQUIRE A TEAM OF INVESTIGATORS CONSISTING OF
    4  AT  LEAST  THREE  INDIVIDUALS,  INCLUDING  INDIVIDUALS FROM AT LEAST TWO
    5  DIFFERENT AGENCIES THAT DO NOT EMPLOY THE POLICE OFFICER INVOLVED IN THE
    6  DEATH BEING INVESTIGATED.
    7    (B) IF THE DEATH BEING INVESTIGATED IS  TRAFFIC  RELATED,  THE  POLICY
    8  SHALL  REQUIRE THE INVESTIGATIVE TEAM TO USE A CRASH RECONSTRUCTION UNIT
    9  FROM AN AGENCY THAT DOES NOT EMPLOY THE LAW ENFORCEMENT OFFICER INVOLVED
   10  IN THE DEATH BEING INVESTIGATED.
   11    (C) EACH POLICY MAY ALLOW AN INTERNAL INVESTIGATION INTO THE DEATH  IF
   12  THE  INTERNAL  INVESTIGATION  DOES  NOT INTERFERE WITH THE DUTIES OF THE
   13  TEAM OF INVESTIGATORS REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS  SUBDI-
   14  VISION.
   15    (D) EACH POLICY SHALL REQUIRE ANY POLICE OFFICER INVOLVED IN THE DEATH
   16  TO  SUBMIT A BLOOD SAMPLE. NO PERSON MAY PERFORM ANY ANALYSIS OR TEST ON
   17  THE BLOOD SAMPLE WITHOUT EITHER THE PERMISSION OF THE POLICE OFFICER WHO
   18  SUBMITTED THE SAMPLE OR A SEARCH  WARRANT.  AT  THE  CONCLUSION  OF  THE
   19  INVESTIGATION  OF  THE  DEATH,  THE  SAMPLE  MAY BE DESTROYED IF A COURT
   20  APPROVES.
   21    3. (A) A TEAM OF INVESTIGATORS CREATED UNDER PARAGRAPH (A) OF SUBDIVI-
   22  SION TWO OF THIS SECTION SHALL CONSULT AND REPORT TO THE DISTRICT ATTOR-
   23  NEY OF THE COUNTY IN WHICH THE DEATH OCCURRED.  EXCEPT  AS  PROVIDED  IN
   24  THIS  SUBDIVISION, THE TEAM OF INVESTIGATORS SHALL KEEP CONFIDENTIAL ANY
   25  MATERIAL AND INFORMATION RELATED TO THE DEATH AND THE INVESTIGATION.
   26    (B) WHEN THE TEAM OF INVESTIGATORS COMPLETES THEIR INVESTIGATION, THEY
   27  SHALL PROVIDE A FINAL REPORT TO  THE  DISTRICT  ATTORNEY.  THE  DISTRICT
   28  ATTORNEY  SHALL  RELEASE THE REPORT TO THE BOARD FOR THE REVIEW OF OFFI-
   29  CER-INVOLVED DEATHS.
   30    (C) A TEAM OF INVESTIGATORS CREATED UNDER PARAGRAPH (A) OF SUBDIVISION
   31  TWO OF THIS SECTION SHALL RESPOND TO REQUESTS UNDER SUBDIVISION FOUR  OF
   32  THIS SECTION FROM THE BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS UNLESS
   33  THE  DISTRICT ATTORNEY RESTRICTS THE TEAM FROM A RESPONSE DUE TO A COURT
   34  ORDER OR BECAUSE A RESPONSE COULD JEOPARDIZE THE PROSECUTION OR INVESTI-
   35  GATION OF AN OPEN CASE.
   36    4. (A) WHEN THE BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS RECEIVES A
   37  REPORT UNDER PARAGRAPH (B) OF THIS  SUBDIVISION,  IT  SHALL  REVIEW  THE
   38  REPORT  AND  EVIDENCE  TO  DETERMINE  IF IT ADDRESSES ALL ASPECTS OF THE
   39  DEATH. THE BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS MAY REQUEST  MORE
   40  INFORMATION,  CLARIFICATION,  OR  TESTIMONY  FROM THE INVESTIGATIVE TEAM
   41  THAT PREPARED THE REPORT.
   42    (B) WHEN THE BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS FINISHES  ITS
   43  REVIEW OF THE REPORT, IT MAY MAKE RECOMMENDATIONS TO THE DISTRICT ATTOR-
   44  NEY  OF THE COUNTY IN WHICH THE DEATH OCCURRED AND FORWARD THE REPORT TO
   45  ANY PERSON RESPONSIBLE FOR DISCIPLINING AN OFFICER INVOLVED.
   46    (C) MEETINGS OF THE BOARD FOR REVIEW OF  OFFICER-INVOLVED  DEATHS  ARE
   47  OPEN  TO  THE PUBLIC BUT PUBLIC COMMENT IS CLOSED UNLESS THE MAJORITY OF
   48  THE BOARD VOTES TO ALLOW PUBLIC COMMENT.
   49    5. WHEN THE BOARD FOR REVIEW OF OFFICER-INVOLVED DEATHS COMPLETES  ITS
   50  REVIEW  OF A REPORT UNDER SUBDIVISION FOUR OF THIS SECTION, THE ATTORNEY
   51  GENERAL SHALL RELEASE THE REPORT  AND  ANY  ACCOMPANYING  WRITTEN  FILES
   52  UNLESS THE INFORMATION MUST BE KEPT CONFIDENTIAL BY STATUTE.
   53    6. FOR PURPOSES OF THIS SECTION "POLICE OFFICER" MEANS A PERSON DESIG-
   54  NATED AS SUCH IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
   55  PROCEDURE LAW.
       A. 4298                             3
    1    S 2. This act shall take effect on the one hundred eightieth day after
    2  it  shall have become a law. Effective immediately, the addition, amend-
    3  ment and/or repeal of any rule or regulation necessary for the implemen-
    4  tation of this act on its effective date is authorized to  be  made  and
    5  completed on or before such effective date.