NY S09168

Establishes an Office of Special Investigation within the Department of Law to investigate and prosecute criminal offenses committed by police officers or peace officers that result in or potentially result in a person's death during an encounter with the officer.

Office jurisdiction displaces and supersedes county district attorney authority for these investigations and prosecutions, with the district attorney only exercising powers designated by the Office of Special Investigation.

For cases involving state-employed police or peace officers, the Attorney General must apply to superior court for appointment of an independent private counsel to investigate and prosecute, with fees paid by the state.

Office of Special Investigation and independent counsel must publicly release reports explaining declinations to present cases to grand juries or grand jury refusals to indict, and must issue annual public reports on all investigated matters including demographic data and case outcomes.

Grand jury proceedings in officer-involved death cases are subject to court instruction on applicable law after consultation with the prosecutor, with court control over grand jury requests and public release of legal instructions and charges (with witness identifying information redacted for safety).