2022 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.