Prohibits a grand jury from inquiring into an offense or misconduct involving involves a shooting or use of excessive force by a police officer and/or peace officer that led or leads to the death or personal injury of a civilian.
Summary
S06167 would amend New York’s Criminal Procedure Law to bar grand juries from inquiring into offenses or misconduct involving a shooting or the use of excessive force by a police officer or peace officer when that conduct results in the death or personal injury of a civilian. The bill applies to both criminal offenses and noncriminal misconduct, nonfeasance, or neglect in public office, but creates a specific exception for police- and peace-officer incidents involving civilian harm.
If enacted, the measure would narrow the scope of grand jury review in cases involving alleged police violence. It would not change the underlying definitions of police officer or peace officer, but it would alter how such incidents are handled at the grand jury stage by removing these matters from grand jury inquiry altogether. The bill would take effect 30 days after becoming law.
Impact
The bill would amend subdivision 1 of section 190.55 of the Criminal Procedure Law, which governs what a grand jury may hear and examine. Its practical effect would be to prohibit grand jury investigation into specified police shooting and excessive-force incidents that cause death or injury to civilians, thereby limiting a traditional prosecutorial and investigative mechanism in those cases. This would affect prosecutors, grand juries, law enforcement officers, peace officers, and civilians involved in use-of-force incidents.
Sentiment
Based on the bill text and the absence of recorded committee discussion or votes, there is no documented legislative debate or recorded support/opposition in the provided materials. The bill’s framing suggests a strong policy position in favor of restricting grand jury involvement in police use-of-force cases, but the available record does not show whether it has generated formal support or opposition in committee or on the floor.
Contention
The central point of contention is likely whether grand juries should be allowed to review police shootings and excessive-force incidents at all when they result in civilian death or injury. Supporters would likely view the bill as a way to prevent grand jury processes from being used in these sensitive cases, while opponents may argue that it removes an important accountability mechanism and limits public oversight of police conduct. No specific stakeholders or arguments are recorded in the provided transcripts or votes.
Requires grand jury proceedings for police officers or peace officers involved in a shooting or excessive use of force to be conducted in open, contemporaneous public hearings.
Enacts "Cariol's Law"; provides for a duty to intervene when a police officer or peace officer observes another police officer or peace officer using physical force that such officer reasonably believes to be clearly excessive or beyond that which is objectively reasonable under the circumstances.
Prohibits prior peace officers or police officers whose position as such was terminated or vacated due to misconduct from again becoming a peace officer or a police officer.
Prohibits prior peace officers or police officers whose position as such was terminated or vacated due to misconduct from again becoming a peace officer or a police officer.
Provides that crime of official misconduct involving disclosure of domestic violence or sexual assault victim's personal information is second degree crime.