Bill Text: NY S02872 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the duties of the state police when there is an offense by a police officer that results in serious physical injuries to another person.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO FINANCE [S02872 Detail]

Download: New_York-2013-S02872-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2872
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 24, 2013
                                      ___________
       Introduced  by  Sen.  SMITH  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to amend the executive law, in relation  to  the  duties  of  the
         state police when there is an offense by a police officer that results
         in serious physical injuries to another person
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 223 of the executive law is amended by adding three
    2  new subdivisions 3, 4 and 5 to read as follows:
    3    3. IT SHALL BE THE DUTY OF THE SUPERINTENDENT OF THE STATE POLICE  AND
    4  OF  MEMBERS  OF  THE  STATE POLICE TO SECURE AND FREEZE THE SCENE OF ANY
    5  CRIME INVOLVING AN OFFENSE BY A  POLICE  OFFICER  RESULTING  IN  SERIOUS
    6  PHYSICAL  INJURY,  AS SUCH TERM IS DEFINED IN SUBDIVISION TEN OF SECTION
    7  10.00 OF THE PENAL LAW, TO ANOTHER PERSON.  FOR  THE  PURPOSES  OF  THIS
    8  SUBDIVISION  AND  SUBDIVISIONS  FOUR  AND FIVE OF THIS SECTION, THE TERM
    9  "POLICE  OFFICER"  SHALL  HAVE  THE  SAME  MEANING  AS  IN   SUBDIVISION
   10  THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   11    4.  IT SHALL BE THE DUTY OF THE SUPERINTENDENT OF THE STATE POLICE AND
   12  OF MEMBERS OF THE  STATE  POLICE  TO  PREVENT,  INVESTIGATE  AND  DETECT
   13  VIOLATIONS OF THE CRIMINAL LAWS OF THIS STATE BY ANY POLICE OFFICER THAT
   14  WOULD  OR  DO RESULT IN SERIOUS PHYSICAL INJURY, AS SUCH TERM IS DEFINED
   15  IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW, TO ANOTHER PERSON.
   16    5. IT SHALL BE THE DUTY OF THE SUPERINTENDENT OF THE STATE POLICE  AND
   17  OF MEMBERS OF THE STATE POLICE TO COOPERATE WITH THE ATTORNEY GENERAL IN
   18  THE  INVESTIGATION  AND  CRIMINAL PROSECUTION OF ANY OFFENSE BY A POLICE
   19  OFFICER RESULTING IN SERIOUS PHYSICAL INJURY, AS SUCH TERM IS DEFINED IN
   20  SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW, TO ANOTHER PERSON.
   21    S 2. The opening paragraph of section 223  of  the  executive  law  is
   22  designated subdivision 1 and three new subdivisions 2, 3 and 4 are added
   23  to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07217-01-3
       S. 2872                             2
    1    2.  IT SHALL BE THE DUTY OF THE SUPERINTENDENT OF THE STATE POLICE AND
    2  OF MEMBERS OF THE STATE POLICE TO SECURE AND FREEZE  THE  SCENE  OF  ANY
    3  CRIME  INVOLVING  AN  OFFENSE  BY  A POLICE OFFICER RESULTING IN SERIOUS
    4  PHYSICAL INJURY, AS SUCH TERM IS DEFINED IN SUBDIVISION TEN  OF  SECTION
    5  10.00  OF  THE  PENAL  LAW,  TO ANOTHER PERSON. FOR THE PURPOSES OF THIS
    6  SUBDIVISION AND SUBDIVISIONS THREE AND FOUR OF THIS  SECTION,  THE  TERM
    7  "POLICE   OFFICER"  SHALL  HAVE  THE  SAME  MEANING  AS  IN  SUBDIVISION
    8  THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
    9    3. IT SHALL BE THE DUTY OF THE SUPERINTENDENT OF THE STATE POLICE  AND
   10  OF  MEMBERS  OF  THE  STATE  POLICE  TO  PREVENT, INVESTIGATE AND DETECT
   11  VIOLATIONS OF THE CRIMINAL LAWS OF THIS STATE BY ANY POLICE OFFICER THAT
   12  WOULD OR DO RESULT IN SERIOUS PHYSICAL INJURY, AS SUCH TERM  IS  DEFINED
   13  IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW, TO ANOTHER PERSON.
   14    4.  IT SHALL BE THE DUTY OF THE SUPERINTENDENT OF THE STATE POLICE AND
   15  OF MEMBERS OF THE STATE POLICE TO COOPERATE WITH THE ATTORNEY GENERAL IN
   16  THE INVESTIGATION AND CRIMINAL PROSECUTION OF ANY OFFENSE  BY  A  POLICE
   17  OFFICER RESULTING IN SERIOUS PHYSICAL INJURY, AS SUCH TERM IS DEFINED IN
   18  SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW, TO ANOTHER PERSON.
   19    S  3. This act shall take effect immediately, provided that the amend-
   20  ments to section 223 of the executive law made by section  one  of  this
   21  act  shall  be  subject  to the expiration and reversion of such section
   22  pursuant to section 3 of chapter 428 of the laws of  1999,  as  amended,
   23  when upon such date the provisions of section two of this act shall take
   24  effect.