2020 New York Laws
EXC - Executive
Article 5 - Department of Law
70-B - Office of Special Investigation.

* §   70-b.  Office  of  special  investigation.  1.  There  shall  be
established within the office of  the  attorney  general  an  office  of
special  investigation.  Notwithstanding any other provision of law, the
office of special investigation shall  investigate  and,  if  warranted,
prosecute  any  alleged  criminal  offense  or  offenses  committed by a
person, whether or not formally on duty, who is  a  police  officer,  as
defined  in  subdivision  thirty-four  of  section  1.20 of the criminal
procedure law, or a peace officer as defined  in  section  2.10  of  the
criminal  procedure law, provided that such peace officer is employed or
contracted by  an  education,  public  health,  social  service,  parks,
housing  or  corrections  agency,  or  is  a peace officer as defined in
subdivision twenty-five of section 2.10 of the criminal  procedure  law,
concerning  any  incident  in  which  the  death of a person, whether in
custody or not, is caused by an act or omission of such  police  officer
or  peace officer or in which the attorney general determines there is a
question as to whether the death  was  in  fact  caused  by  an  act  or
omission of such police officer or peace officer.
  2.  The  attorney  general  has  investigative  authority and criminal
jurisdiction under this section at the time of the death of  the  person
and  the  attorney  general retains investigative authority and criminal
jurisdiction over the incident unless the  attorney  general  determines
that  such  incident  does not meet the requirements of this section. If
the  attorney  general  determines  the  incident  does  not  meet   the
requirements  for  the  attorney general to have investigative authority
and criminal jurisdiction pursuant to this section, the attorney general
shall,  as  soon  as  practicable,  provide  written  notice   of   such
determination  to  the  district  attorney  for  the county in which the
incident occurred.
  3. In connection with any  particular  incident  encompassed  by  this
section,  the  attorney  general  shall  conduct  a  full,  reasoned and
independent investigation, including but not limited to:  (a)  gathering
and analyzing evidence; (b) conducting witness interviews; (c) reviewing
and  commissioning  any  necessary investigative and scientific reports;
and (d) reviewing audio and video-recordings. The attorney general shall
be empowered to subpoena witnesses,  compel  their  attendance,  examine
them  under  oath  before himself or herself or a magistrate and require
that any books, records, documents or papers relevant or material to the
inquiry be turned over to him or  her  for  inspection,  examination  or
audit,  pursuant to the civil practice law and rules, in connection with
such incident.
  4. The attorney general shall  have  criminal  jurisdiction  over  any
criminal  conduct  arising  from any incident herein, and shall exercise
all of the powers and perform all of the duties  with  respect  to  such
actions  or  proceedings  that  a  district  attorney would otherwise be
authorized or required to exercise or perform, including all the  powers
necessary to prosecute acts and omissions and alleged acts and omissions
to obstruct, hinder or interfere with any inquiry, prosecution, trial or
judgment  arising  from  the  incident. The criminal jurisdiction of the
office  of  special  investigation  shall  displace  and  supersede  the
jurisdiction  of  the district attorney where the incident occurred; and
such district attorney shall only have the powers and duties reserved to
him or her in writing by the attorney general.
  5. The attorney general shall designate a deputy attorney general  for
special investigation to exercise the powers and duties of the office of
special  investigation,  who  shall  be in the exempt class of the civil
service.  The  deputy  attorney  general  may  designate   deputies   or
assistants,  who  shall  be in the exempt class of the civil service, as
necessary and appropriate. The other employees of the office of  special

investigation  within  the  department  of  law,  who  are not otherwise
exempt, shall all be in the competitive class of the civil  service  and
shall  be  considered  for  purposes  of  article  fourteen of the civil
service  law  to  be public employees in the civil service of the state,
and shall be assigned to the  appropriate  collective  bargaining  unit.
Employees serving in positions in newly created titles shall be assigned
to the same collective bargaining units as they would have been assigned
to  were such titles created prior to the establishment of the office of
special investigation within the department of law by this chapter.  The
deputy attorney general for special investigation may appear and conduct
proceedings  in  person  or by his or her deputy or assistant before any
court or grand jury in connection with proceedings under this section.
  6. (a) For any incident under this  section,  the  office  of  special
investigation  shall  issue  a  public report and post the report on its
website whenever  the  office  of  special  investigation  initiates  an
investigation  and  (i)  the office of special investigation declines to
present evidence  to  a  grand  jury  or  (ii)  the  office  of  special
investigation  does  present evidence to a grand jury but the grand jury
declines to return indictment on any charges. The report  will  include,
to  the  extent possible and lawful, the results of the investigation of
the incident.
  (b) The report shall also include: (i) with  respect  to  subparagraph
(i)  of  paragraph (a) of this subdivision, an explanation as to why the
office of special investigation declined to present evidence to a  grand
jury; and (ii) any recommendations for systemic or other reforms arising
from the investigation.
  7.  Six  months  after  this subdivision takes effect, and annually on
such date thereafter, the office of special investigation shall issue  a
report,  which  shall  be made available to the public and posted on the
website of the department of law, which shall provide information on the
matters investigated by such office during such  reporting  period.  The
information  presented  shall include, but not be limited to: the county
and geographic location of each matter investigated;  a  description  of
the  circumstances  of  each case; racial, ethnic, age, gender and other
demographic information concerning the persons involved or alleged to be
involved; information concerning whether a criminal  charge  or  charges
were filed against any person involved or alleged to be involved in such
matter; the nature of such charges; and the status or, where applicable,
outcome  with  respect  to  all such criminal charges. Such report shall
also  include  recommendations  for  any  systemic  or   other   reforms
recommended as a result of such investigations.
  * NB Effective April 1, 2021