BILL NUMBER: S1406
SPONSOR: SANDERS
 
TITLE OF BILL:
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
 
PURPOSE:
To establish a special prosecutor to investigate and prosecute matters
involving the death of an unarmed civilian caused by a law enforcement
officer.
 
SUMMARY OF PROVISIONS:
Section 1 provides the governor, by and with the advice and consent of
the senate, shall within 30 days of the effective date of this act
appoint a special prosecutor to investigate and prosecute any death of
an unarmed civilian caused by a police officer. The special prosecutor
shall have a term of 3 years, unless removed by the governor after
notice and an opportunity for a hearing, and only for one of the follow-
ing reasons: permanent disability, gross inefficiency, neglect of duty,
malfeasance, conviction of a felony or conduct involving moral turpi-
tude.
The special prosecutor shall receive an annual salary to be fixed by
law, and will possess all of the powers of an assistant attorney gener-
al, but shall devote his or her full time and effort exclusively to
investigations and prosecutions of any death of an unarmed civilian
caused by a police officer. The section defines the powers and duties of
the special prosecutor in accordance with this job description.
Section 2 provides this act shall take effect on the sixtieth day after
it shall have become a law.
 
EXISTING LAW:
None
 
JUSTIFICATION:
In the wake of cases like Eric Garner - an unarmed man whose death was
caused by police, with no resulting indictment - there is increasing
support for a special prosecutor to be appointed to investigate and
prosecute such matters. While the governor granted this authority to the
attorney general, it was intended as a temporary measure until the
legislature enacted a permanent solution. The Queens for Justice Commit-
tee was tasked with making a recommendation, and it concluded a special
prosecutor whose sole duty would be to attend to these cases, was the
most appropriate course of action.
 
LEGISLATIVE HISTORY:
2021-22 REFERRED TO SENATE INVESTIGATIONS AND GOVERNMENT OPERATIONS
2021-22 referred to assembly codes
2019-20 REFERRED TO SENATE INVESTIGATIONS AND GOVERNMENT OPERATIONS
2020 referred to assembly codes
2017-18 REFERRED TO SENATE INVESTIGATIONS AND GOVERNMENT OPERATIONS
 
FISCAL IMPLICATIONS:
None
 
LOCAL FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have