NY State Senate Bill 2009-S7085

Senate Bill S7085

2009-2010 Legislative Session

Creates a state commission to investigate patterns and practices of unlawful or inappropriate conduct on the part of members of the New York state police

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2010	referred to finance

2009-S7085 (ACTIVE) - Details

See Assembly Version of this Bill:: A10199
Current Committee:: Senate Finance
Law Section:: Commissions
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3570, A2647
2013-2014: S811

2009-S7085 (ACTIVE) - Summary

Creates a state commission to investigate patterns and practices of unlawful or inappropriate conduct on the part of member of the New York State police; commission shall consist of 9 members including 5 former judges and 4 members appointed by legislative leaders.

2009-S7085 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7085

 TITLE OF BILL :
An act creating a state commission to investigate patterns and
practices of unlawful or inappropriate conduct on the part of members
of the New York state police; and providing for the repeal of such
provisions upon expiration thereof


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to create and empower a temporary
commission to conduct a comprehensive investigation of misconduct,
abuse of power and political interference with respect to the state
police and report to the legislature on structural changes that can be
made to reform the institution.

 SUMMARY OF SPECIFIC PROVISIONS :
The Commission shall consist of nine members to be appointed as
follows: Five members, including the chair, shall be appointed by the
chief judge of the New York state court of appeals; one member each
shall be appointed by the temporary president of the senate, the
speaker of the assembly, the minority leader of the senate and the
minority leader of the assembly. The members of the commission shall
be either former judges or distinguished professionals with
significant law enforcement experience.  Substantial consideration
shall be given to individuals who are experienced former members of

the state police.

The Commission may request and shall receive from any court in the
state and from any subdivision, department, board, bureau, commission,
office, agency or other instrumentality of the state or of any
political subdivision thereof such facilities, assistance and data as
it deems necessary or desirable for the proper execution of its powers
and duties and to effectuate the purposes set forth in this act. It
will be obligated to produce a report to the legislature within 180
days of its formation that recommends policy and practice changes that
can be made to reform the institution, and free the state police from
future political interference or coercion.

To the extent that evidence of criminal behavior is uncovered by the
investigation undertaken by the commission, the commission shall refer
such matters to the appropriate prosecutorial authority.

 JUSTIFICATION :
This legislation is necessitated by a troubling pattern throughout
three different gubernatorial administrations of inappropriate and
possibly unlawful behavior by elements within the state police,
largely emanating from the Executive Services Detail.  Most recently,
this behavior took the form of possible intimidation of a female
victim involved in a domestic violence dispute with a high ranking
member of the Paterson Administration. While this specific incident is
being investigated, under the administrations of the two previous
governors there were several documented instances where state troopers
were also subject to improper political influence and used in ways
that undermine the very fabric of our democracy.

In 2007, a scandal erupted involving former Governor Eliot Spitzer's
use of state troopers to monitor and gather travel information about
former Senate Majority Leader Joseph Bruno for purposes of trying to
discredit a political adversary. Under the Pataki Administration, the
state police were found to have electronically discarded a domestic
dispute complaint involving a political ally, former Rep. John
Sweeney, in order to shield him from public scrutiny and
embarrassment. These are just two of several occurrences that have
already been documented by the Office of the New York State Attorney
General.
The proposed commission is fashioned in part after the Knapp
Commission which investigated police corruption in the 1970's and the
Mollen Commission which investigated police brutality and corruption
in the 1990's. The role of the state trooper is to protect and serve
the public. It is not to protect and serve the political interests of
the Governor or administration in power. The proposed temporary
commission will undertake to determine what has gone wrong during the
administration of three different governors and recommend concrete
measures the legislature can implement to restore institutional
integrity and accountability to the state police.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately and shall in full force and
effect until the thirty-first of December in the year next succeeding
the year in which it shall have become a law when upon such date the
provisions of this act shall be deemed repealed.

2009-S7085 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 7085                                                 A. 10199

                      S E N A T E - A S S E M B L Y

                             March 11, 2010
                               ___________

IN SENATE -- Introduced by Sen. ADAMS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance

IN  ASSEMBLY -- Introduced by M. of A. JEFFRIES, TITONE, PEOPLES-STOKES,
  LANCMAN,  CAMARA,  ESPAILLAT,  BENJAMIN,  FIELDS,  POWELL,  McDONOUGH,
  GIBSON,  N. RIVERA,  LIFTON  -- Multi-Sponsored by -- M. of A. CRESPO,
  GALEF -- read once and referred to the Committee on Governmental Oper-
  ations

AN ACT creating a state commission to investigate patterns and practices
  of unlawful or inappropriate conduct on the part of members of the New
  York state police; and providing for the  repeal  of  such  provisions
  upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The legislature hereby finds and declares as follows:
  The legislation is necessitated by a troubling  pattern  and  practice
throughout  at  least  three  different gubernatorial administrations of
inappropriate and possibly unlawful  behavior  by  elements  within  the
state police, largely emanating from the Executive Services Detail. Most
recently,  this  behavior  took  the  form of possible intimidation of a
female victim involved in a domestic violence dispute with a high  rank-
ing  member of the Paterson administration. While this specific incident
is being investigated, under the administrations  of  the  two  previous
governors,  there were several documented instances where state troopers
were also subject to improper political influence and used in ways  that
undermine the very fabric of our democracy.
  By  way of example, in 2007, a scandal erupted involving former Gover-
nor Eliot Spitzer's use of state troopers to monitor and  gather  travel
information  about  former  Senate  Majority  Leader  Joseph  Bruno  for
purposes of trying to discredit a political adversary. Under the  Pataki
administration,  the  state  police  were  found  to have electronically
cleansed a domestic dispute complaint involving  a  political  ally  and
former  Congressmember  John Sweeney, in order to shield him from public
scrutiny and embarrassment. These are just two  of  several  occurrences

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD16184-03-0

S. 7085                             2                           A. 10199

that  have  already  been documented by the Office of the New York State
Attorney General. It is the intent of this legislation  to  provide  for
the  independent  and  comprehensive  investigation  of this pattern and
practice,  and  recommend  steps the legislature can implement to reform
the institution of the state police.
  S 2.  A temporary state commission is hereby  created  to  investigate
certain  patterns  and practices of unlawful or inappropriate conduct on
the part of members of the New York  state  police  including,  but  not
limited to the Executive Services Detail, that result from inappropriate
or coercive political interference.
  S  3.  The commission shall consist of nine members to be appointed as
follows: Five members, including the chair, shall be  appointed  by  the
chief  judge  of  the  New  York state court of appeals; one member each
shall be appointed by the temporary president of the senate, the speaker
of the assembly, the minority leader of  the  senate  and  the  minority
leader  of  the assembly.  The members of the commission shall be either
former  judges  or  distinguished  professionals  with  significant  law
enforcement  experience.    Substantial  consideration shall be given to
individuals who are experienced former members of the state police.  The
members of the commission shall be appointed within  thirty  days  after
the effective date of this act.
  S  4.  The members of the commission shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties hereunder.
  S 5. The commission may employ and at pleasure remove  such  personnel
as  it  may  deem necessary for the performance of its functions and fix
their compensation within the amounts made  available  by  appropriation
therefor.  Such commission may meet and hold public and/or private hear-
ings within or without the state, and shall have all  the  powers  of  a
legislative  committee  pursuant  to  the legislative law, including the
power to issue subpoenas.
  S 6. For the accomplishment of its purposes, the commission  shall  be
authorized and empowered to undertake any studies, inquiries, surveys or
analyses  it  may  deem relevant through its own personnel or in cooper-
ation with or by agreement with any other public or private agency.
  S 7. The commission may request and shall receive from  any  court  in
the  state  and from any subdivision, department, board, bureau, commis-
sion, office, agency or other instrumentality of the  state  or  of  any
political subdivision thereof such facilities, assistance and data as it
deems  necessary or desirable for the proper execution of its powers and
duties and to effectuate the purposes set forth in this act.
  S 8.  To the extent that evidence of criminal behavior is uncovered by
the investigation undertaken by the  commission,  the  commission  shall
refer such matters to the appropriate prosecutorial authority.
  S 9. The commission shall make a report of its findings, including any
recommendations  for  systematic  changes,  as it may deem necessary and
appropriate, to the governor, the temporary president of the senate  and
the  speaker of the assembly no later than one hundred eighty days after
this act shall have become a law.
  S 10. This act shall take effect immediately  and  shall  continue  in
full  force  and  effect  until the thirty-first of December in the year
next succeeding the year in which it shall have become a law  when  upon
such date the provisions of this act shall be deemed repealed.

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