Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

Vote to pass a bill that establishes an office of special investigation within the department of law under the attorney general, effective April 1, 2021.

Highlights:

• Authorizes the office of special investigation to investigate and, if warranted, prosecute any alleged criminal offenses committed by a person who is a police officer or peace officer concerning an incident in which (Sec 1):

• The death of a person is caused by an act or omission of such officer; or

• The attorney general determines there is a question as to whether the death was caused by an act or omission of such an officer.

• Specifies that the officer does not have to be on duty when the crime was committed (Sec 1).

• Specifies that the person does not have to be in custody when the incident occurred (Sec 1).

• Specifies that the attorney general has the investigative authority and criminal jurisdiction at the time of death and retains authority over the incident unless it is determined that the incident does not meet the requirements of this bill (Sec 1).

• Authorizes the attorney general to conduct a full, reasoned, and independent investigation of the incident (Sec 1).

• Authorizes the attorney general to exercise all of the powers and perform all of the duties of a district attorney, with respect to the actions and proceedings of the incident (Sec 1).

• Specifies that the jurisdiction of the office of special investigation displaces and supersedes that of the district attorney, and the district attorney has only the powers and duties reserved to them in writing by the attorney general (Sec 1).

• Authorizes the attorney general to designate a deputy attorney general for a special investigation to exercise the powers and duties of the office of special investigation (Sec 1).

• Requires the office of special investigation to issue an annual report available to the public 6 months after enactment that provides information on the matters investigated by the office during that year (Sec 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes an office of special investigation within the department of law under the attorney general, effective April 1, 2021.

Highlights:

• Authorizes the office of special investigation to investigate and, if warranted, prosecute any alleged criminal offenses committed by a person who is a police officer or peace officer concerning an incident in which (Sec 1):

• The death of a person is caused by an act or omission of such officer; or

• The attorney general determines there is a question as to whether the death was caused by an act or omission of such an officer.

• Specifies that the officer does not have to be on duty when the crime was committed (Sec 1).

• Specifies that the person does not have to be in custody when the incident occurred (Sec 1).

• Specifies that the attorney general has the investigative authority and criminal jurisdiction at the time of death and retains authority over the incident unless it is determined that the incident does not meet the requirements of this bill (Sec 1).

• Authorizes the attorney general to conduct a full, reasoned, and independent investigation of the incident (Sec 1).

• Authorizes the attorney general to exercise all of the powers and perform all of the duties of a district attorney, with respect to the actions and proceedings of the incident (Sec 1).

• Specifies that the jurisdiction of the office of special investigation displaces and supersedes that of the district attorney, and the district attorney has only the powers and duties reserved to them in writing by the attorney general (Sec 1).

• Authorizes the attorney general to designate a deputy attorney general for a special investigation to exercise the powers and duties of the office of special investigation (Sec 1).

• Requires the office of special investigation to issue an annual report available to the public 6 months after enactment that provides information on the matters investigated by the office during that year (Sec 1).

Full Bill Text