N.Y. EXC Law § 70-B — New York Code / Act EXC / Article 5 / Section 70-B
Office of special investigation
Status: in_force

§ 70-b. Office of special investigation. 1. There shall be established\nwithin the office of the attorney general an office of special\ninvestigation. Notwithstanding any other provision of law, the office of\nspecial investigation shall investigate and, if warranted, prosecute any\nalleged criminal offense or offenses committed by a person, whether or\nnot formally on duty, who is a police officer, as defined in subdivision\nthirty-four of section 1.20 of the criminal procedure law, or a peace\nofficer as defined in section 2.10 of the criminal procedure law,\nprovided that such peace officer is employed or contracted by an\neducation, public health, social service, parks, housing or corrections\nagency, or is a peace officer as defined in subdivision twenty-five of\nsection 2.10 of the criminal procedure law, concerning any incident in\nwhich the death of a person, whether in custody or not, is caused by an\nact or omission of such police officer or peace officer or in which the\nattorney general determines there is a question as to whether the death\nwas in fact caused by an act or omission of such police officer or peace\nofficer.\n  2. The attorney general has investigative authority and criminal\njurisdiction under this section at the time of the death of the person\nand the attorney general retains investigative authority and criminal\njurisdiction over the incident unless the attorney general determines\nthat such incident does not meet the requirements of this section. If\nthe attorney general determines the incident does not meet the\nrequirements for the attorney general to have investigative authority\nand criminal jurisdiction pursuant to this section, the attorney general\nshall, as soon as practicable, provide written notice of such\ndetermination to the district attorney for the county in which the\nincident occurred.\n  3. In connection with any particular incident encompassed by this\nsection, the attorney general shall conduct a full, reasoned and\nindependent investigation, including but not limited to: (a) gathering\nand analyzing evidence; (b) conducting witness interviews; (c) reviewing\nand commissioning any necessary investigative and scientific reports;\nand (d) reviewing audio and video-recordings. The attorney general shall\nbe empowered to subpoena witnesses, compel their attendance, examine\nthem under oath before himself or herself or a magistrate and require\nthat any books, records, documents or papers relevant or material to the\ninquiry be turned over to him or her for inspection, examination or\naudit, pursuant to the civil practice law and rules, in connection with\nsuch incident.\n  3-a. (a) The attorney general shall maintain the confidentiality of\nall video footage and audio recordings received and reviewed.\n  (b) Disclosure of any audio recordings or video footage shall be\ndelayed, at the attorney general's discretion, only if such a disclosure\nwould compromise an ongoing criminal investigation or prosecution, or at\nthe request of the decedent's family.\n  (c) Redactions of audio records or video footage shall be made\npursuant to its video release policy.\n  (d) Nothing in this subdivision shall be construed to prohibit or\nrestrict the disclosure of audio recordings or video footage to any\nperson or entity otherwise lawfully entitled to receive such recordings\nor footage pursuant to law, court order, or lawful process.\n  4. The attorney general shall have criminal jurisdiction over any\ncriminal conduct arising from any incident herein, and shall exercise\nall of the powers and perform all of the duties with respect to such\nactions or proceedings that a district attorney would otherwise be\nauthorized or required to exercise or perform, including all the powers\nnecessary to prosecute acts and omissions and alleged acts and omissions\nto obstruct, hinder or interfere with any inquiry, prosecution, trial or\njudgment arising from the incident. The criminal jurisdiction of the\noffice of special investigation shall displace and supersede the\njurisdiction of the district attorney where the incident occurred; and\nsuch district attorney shall only have the powers and duties reserved to\nhim or her in writing by the attorney general.\n  5. The attorney general shall designate a deputy attorney general for\nspecial investigation to exercise the powers and duties of the office of\nspecial investigation, who shall be in the exempt class of the civil\nservice. The deputy attorney general may designate deputies or\nassistants, who shall be in the exempt class of the civil service, as\nnecessary and appropriate. The other employees of the office of special\ninvestigation within the department of law, who are not otherwise\nexempt, shall all be in the competitive class of the civil service and\nshall be considered for purposes of article fourteen of the civil\nservice law to be public employees in the civil service of the state,\nand shall be assigned to the appropriate collective bargaining unit.\nEmployees serving in positions in newly created titles shall be assigned\nto the same collective bargaining units as they would have been assigned\nto were such titles created prior to the establishment of the office of\nspecial investigation within the department of law by this chapter. The\ndeputy attorney general for special investigation may appear and conduct\nproceedings in person or by his or her deputy or assistant before any\ncourt or grand jury in connection with proceedings under this section.\n  6. (a) For any incident under this section, the office of special\ninvestigation shall issue a public report and post the report on its\nwebsite whenever the office of special investigation initiates an\ninvestigation and (i) the office of special investigation declines to\npresent evidence to a grand jury or (ii) the office of special\ninvestigation does present evidence to a grand jury but the grand jury\ndeclines to return indictment on any charges. The report will include,\nto the extent possible and lawful, the results of the investigation of\nthe incident.\n  (b) The report shall also include: (i) with respect to subparagraph\n(i) of paragraph (a) of this subdivision, an explanation as to why the\noffice of special investigation declined to present evidence to a grand\njury; and (ii) any recommendations for systemic or other reforms arising\nfrom the investigation.\n  7. Six months after this subdivision takes effect, and annually on\nsuch date thereafter, the office of special investigation shall issue a\nreport, which shall be made available to the public and posted on the\nwebsite of the department of law, which shall provide information on the\nmatters investigated by such office during such reporting period. The\ninformation presented shall include, but not be limited to: the county\nand geographic location of each matter investigated; a description of\nthe circumstances of each case; racial, ethnic, age, gender and other\ndemographic information concerning the persons involved or alleged to be\ninvolved; information concerning whether a criminal charge or charges\nwere filed against any person involved or alleged to be involved in such\nmatter; the nature of such charges; and the status or, where applicable,\noutcome with respect to all such criminal charges. Such report shall\nalso include recommendations for any systemic or other reforms\nrecommended as a result of such investigations.\n  8. (a) Notwithstanding any other provision of law, rule or regulation\nto the contrary, in a matter in which the attorney general's authority\nestablished under this section conflicts, or has a reasonable risk of\nconflicting, with the attorney general's representation of state\nemployees in civil litigation under section seventeen of the public\nofficers law, the attorney general may designate a deputy attorney\ngeneral or assistant attorney general, including any person designated\nunder subdivision five of this section, as provided by section nine of\nthe public officers law, to act as attorney general for that matter in\nthe attorney general's stead.\n  (b) Notwithstanding any other provision of law, rule or regulation to\nthe contrary, the attorney general shall establish through rules and\nregulations, processes and procedures for screening (i) the person so\ndesignated pursuant to paragraph (a) of this subdivision, and the entire\nprosecution team, from records, communication, and information related\nto the civil defense of a police officer or peace officer as defined in\nsubdivision one of this section, and (ii) persons involved in the civil\ndefense of a police officer or peace officer as defined in subdivision\none of this section from records, communication, and information related\nto the investigation and, where appropriate, prosecution of state peace\nor police officers under this section. The rules and regulations\nestablishing screens shall be sufficient to satisfy the rules of\nprofessional conduct regarding conflicts and to protect the rights of\nstate peace and police officers who are the subject of an investigation\nor prosecution under this section by ensuring that the individuals\nconducting or otherwise involved in such investigation or prosecution do\nnot have access to any confidential information obtained in the course\nof the office's civil defense of state employees.\n