Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes the law enforcement misconduct investigative office.

Highlights:

• Establishes the law enforcement misconduct investigative office in the department of law (Sec. 1).

• Establishes the mission of the law enforcement misconduct investigative office to be to review, study, audit and make recommendations relating to the operations, policies, programs, and practices, including ongoing partnerships with other law enforcement agencies, of state and local law enforcement agencies with the goal of enhancing the effectiveness of law enforcement, increasing public safety, protecting civil liberties and civil rights, ensuring compliance with constitutional protections and local, state and federal laws, and increasing the public's confidence in law enforcement (Sec. 1).

• Requires the deputy attorney general heading the law enforcement misconduct investigative office to (Sec. 1):

• Receive and investigate complaints from any source, or upon their own initiative, concerning allegations of corruption, fraud, use of excessive force, criminal activity, conflicts of interest or abuse in any covered agency;

• Inform the heads of covered agencies of such allegations and the progress of investigations related thereto;

• Determine with respect to such allegations whether disciplinary action, civil or criminal prosecution or further investigation by an appropriate federal, state or local agency is warranted;

• Prepare and release to the public written reports of investigations subject to redaction to protect the confidentiality of witnesses and other information that would be exempt from disclosure;

• Review and examine periodically the policies and procedures of covered agencies with regard to the prevention and detection of corruption, fraud, use of excessive force, criminal activity, conflicts of interest and abuse;

• Recommend remedial action to prevent or eliminate corruption, fraud, use of excessive force, criminal activity, conflicts of interest and abuse in covered agencies;

• Investigate patterns, practices, systemic issues, or trends identified by analyzing actions, claims, complaints, and investigations; and

• On an annual basis, submit to the governor, the attorney general, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate and the minority leader of the assembly, no later than December 31, a report summarizing the activities of the office and recommending specific changes to state law to further the mission of the law enforcement misconduct investigative office.

• Specifies that the knowing failure of any officer or employee to report promptly to the law enforcement misconduct investigative office on any information concerning corruption, fraud, use of excessive force, criminal activity, conflicts of interest or abuse by another officer or employee relating to their office or employment, will be cause for removal from office or employment or other appropriate penalties (Sec. 1).

• Requires the head of any covered agency, upon receiving at least five complaints from five or more individuals relating to at least five separate incidents involving a certain officer or employee within two years, to refer such complaints to the law enforcement misconduct investigative office for review (Sec. 1).

Full Bill Text