S 1406: Establishes a special prosecutor to investigate and prosecute matters involving the death of an unarmed civilian caused by a law enforcement officer.

  
  STATE OF NEW YORK ________________________________________________________________________ 1406 2025-2026 Regular Sessions  IN SENATE January 9, 2025 ___________ Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT in relation to appointing a special prosecutor to investigate and prosecute matters involving the death of an unarmed civilian caused by a law enforcement officer The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. 1. The governor, by and with the advice and consent of the 2 senate, shall within 30 days of the effective date of this act appoint a 3 special prosecutor to investigate and prosecute any death of an unarmed 4 civilian caused by a police officer, as defined in subdivision 34 of 5 section 1.20 of the criminal procedure law. The special prosecutor shall 6 serve for a term of 3 years unless removed by the governor, after notice 7 and an opportunity for a hearing, and then only for one or more of the 8 following reasons: permanent disability which renders the special prose- 9 cutor incapable of performing the duties of such special prosecutor's 10 office; gross inefficiency, typified by a lack of ability to properly 11 conduct investigations and prosecutions; neglect of duty; malfeasance; 12 conviction of a felony; or conduct involving moral turpitude. 13 2. Such special prosecutor shall receive an annual salary to be fixed 14 by law from within the amounts appropriated therefor. Such special 15 prosecutor shall possess all of the powers of an assistant attorney 16 general otherwise authorized by this act provided, however that such 17 special prosecutor shall devote such special prosecutor's full time and 18 effort exclusively to investigations and prosecutions of any death of an 19 unarmed civilian caused by a police officer. 20 3. The special prosecutor may appoint such other deputies, directors, 21 assistants, and other employees to serve at the special prosecutor's 22 pleasure and discretion as may be needed for the performance of duties EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00245-01-5 
 S. 1406 2 1 and may prescribe their powers and fix their compensation within the 2 amounts appropriated therefor. 3 4. The special prosecutor shall have the following special functions, 4 powers and duties: 5 (a) To exercise all the prosecutorial powers necessary to investigate, 6 and if warranted, prosecute any death of an unarmed civilian caused by a 7 police officer. The special prosecutor's jurisdiction will displace and 8 supersede the jurisdiction of the county district attorney where the 9 incident occurred; and such county district attorney shall have only the 10 powers and duties designated to such county district attorney by the 11 special prosecutor; 12 (b) To attend in person, a term or terms of the county or supreme 13 court to be held in and for the county of such appropriate jurisdiction 14 consistent with this act; appear in person before any grand jury drawn 15 for any term or terms of said court, for the purpose of conducting any 16 and all proceedings, examinations, and inquiries; and bring any and all 17 criminal actions and proceedings which may be had or taken before said 18 grand jury and other grand juries concerning or relating to any and all 19 alleged unlawful acts as described by this act; 20 (c) To conduct a full, reasoned, and independent investigation includ- 21 ing, but not limited to, (i) gathering and analyzing evidence, (ii) 22 conducting witness interviews, and (iii) reviewing investigative 23 reports, scientific reports, and audio and video recordings; 24 (d) To report to the governor and the legislature on all cases where, 25 (i) the special prosecutor declines to present evidence to a grand jury 26 regarding the death of a civilian, whether in custody or not, allegedly 27 caused by a police officer, or (ii) the grand jury declines to return an 28 indictment on any charges. The report will include, to the extent possi- 29 ble and lawful, an explanation of that outcome and any recommendations 30 for systemic reform arising from the investigation; 31 (e) To make an annual report to the governor, the attorney general and 32 the legislature concerning such work during the preceding year, and to 33 make such further interim reports to them as they or any of them shall 34 deem advisable or require; and 35 (f) To do all things necessary or convenient to carry out the func- 36 tions, powers and duties set forth in this act. 37 § 2. This act shall take effect on the sixtieth day after it shall 38 have become a law.