New York Assembly Bill A05564

New York 2025-2026 Regular Session

• Introduced: 2/14/25
• Refer: 2/14/25
• Refer: 1/7/26

Caption

Authorizes the attorney general to investigate and prosecute the alleged commission of any criminal offense or offenses committed by police officers in connection with the performance of their regular duties.

Summary

This bill would amend the New York Executive Law to give the Attorney General authority to investigate and prosecute criminal offenses allegedly committed by police officers when those offenses are connected to the performance of their official duties. The bill is limited to situations involving conduct tied to a police officer’s regular duties, rather than all misconduct generally. The Attorney General could exercise this authority only after making a written finding that the intervention is necessary because local prosecutorial resources are insufficient to adequately investigate and prosecute the matter, or because doing so is needed to maintain public confidence in the justice system. When acting under this new authority, the Attorney General would have the same powers as a district attorney in court or before a grand jury, and could appear personally or through deputies or assistants. The bill would take effect 90 days after becoming law.

Impact

The bill would expand the Attorney General’s jurisdiction under the Executive Law by adding a new subdivision authorizing direct criminal investigation and prosecution of police officers for offenses committed in the course of official duties. It would create a limited, conditional exception to the usual role of local district attorneys, shifting authority to the state level when the Attorney General determines local resources are inadequate or public confidence requires state intervention. The measure would affect police officers, district attorneys, and the Attorney General’s office, and could alter how police-related criminal cases are handled across New York.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the bill appears to be framed as a public-accountability measure aimed at strengthening confidence in the handling of police misconduct cases. Its stated justification suggests support for independent review and prosecution where local systems may be seen as insufficient. No contrary arguments are documented in the provided record, but the structure of the bill indicates an effort to balance expanded state authority with a narrow trigger for use.

Contention

The main point of contention is likely the transfer of prosecutorial power from local district attorneys to the Attorney General in cases involving police officers. Supporters would likely emphasize independence, public trust, and the need for adequate resources in sensitive police-misconduct cases, while critics may argue that the bill could undermine local prosecutorial discretion or create tension between state and county authorities. The bill also leaves room for debate over the breadth of the phrase “in connection with the performance” of official duties and over how the Attorney General would determine when public confidence or resource limitations justify intervention.