New York Senate Bill S01291

New York 2025-2026 Regular Session

• Introduced: 1/9/25
• Refer: 1/9/25
• Refer: 1/7/26

Caption

Provides that in instances involving alleged criminal offense or offenses committed by a person, whether or not formally on duty, who is a peace officer as defined in section 2.10 of the criminal procedure law and employed or contracted by a 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 peace officer, the attorney general shall have the authority to transfer the investigatory authority and criminal jurisdiction under this section to an individual or individuals independent of the office of the attorney general.

Summary

S01291 amends the Executive Law’s special-investigation provisions to address deaths caused by certain peace officers connected to corrections agencies. Under current law, the Attorney General has investigative authority and criminal jurisdiction over qualifying death incidents and may determine whether an incident meets the statutory requirements. This bill adds a new provision for cases involving alleged criminal offenses by a corrections-related peace officer, whether or not the officer was formally on duty, when that officer’s act or omission causes a person’s death, including deaths outside custody. In those cases, the Attorney General would be authorized to transfer the investigation and criminal jurisdiction to one or more independent individuals outside the Attorney General’s office. The independent investigator must be a lawyer with a reputation for integrity and impartiality and with appropriate experience, and would have the same powers as the deputy attorney general for special investigations. The bill takes effect immediately if enacted.

Impact

The bill would expand and clarify New York’s framework for special investigations of deaths involving law enforcement in corrections settings by creating an explicit mechanism to appoint an outside special independent counsel. It would affect Executive Law section 70-b and related criminal procedure law definitions by shifting authority from the Attorney General to an independent lawyer or lawyers in specified cases involving peace officers employed or contracted by corrections agencies. The practical effect would be to broaden the state’s options for handling sensitive death investigations and potentially increase perceived independence in cases involving corrections personnel.

Sentiment

No committee transcript or recorded vote information was provided, so there is no direct evidence of legislative debate or formal support/opposition in the materials supplied. Based on the bill text alone, the measure appears to be framed as a reform to improve independence and impartiality in investigations of deaths involving corrections-related peace officers. The overall tone of the proposal is procedural and accountability-focused rather than punitive.

Contention

The main point of contention likely centers on whether the Attorney General should retain control over these investigations or be able to delegate them to an outside independent counsel. Supporters would likely emphasize independence, public trust, and impartial review in cases involving corrections officers, especially where a death occurs. Opponents or skeptics might raise concerns about consistency, oversight, cost, or the potential for duplicative authority and delays. The bill also broadens the trigger to deaths caused by an officer’s act or omission whether or not the person was in custody, which could be viewed as an expansion of the scope of special investigations.