S T A T E   O F   N E W   Y O R K
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                                   811

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN ACT to establish a state commission to investigate patterns and prac-
  tices of unlawful or inappropriate conduct on the part of  members  of
  law enforcement personnel in the state

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

  Section 1. Legislative findings.  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 law enforcement person-
nel in this state, largely emanating from the executive services  detail
of  the  division of state police. 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 adminis-
tration. While this specific incident is being investigated,  under  the
administrations  of the two previous governors, there were several docu-
mented 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 temporary president of the senate Joseph  Bruno
for  purposes  of  trying  to discredit a political adversary. Under the
Pataki administration, the division of state police was  found  to  have
electronically  cleansed  a domestic dispute complaint involving a poli-
tical ally and former congressmember 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  department

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

                                                           LBD02846-01-3

S. 811                              2

of  law.  It  is the intent of this legislation to provide for the inde-
pendent and comprehensive investigation of this  pattern  and  practice,
and recommend steps the legislature can implement to reform law enforce-
ment practices in the state.
  S  2.  A state commission is hereby established to investigate certain
patterns and practices of unlawful or inappropriate conduct on the  part
of  members of law enforcement personnel in the state including, but not
limited to the executive  services  detail  of  the  division  of  state
police,  that  result from inappropriate or coercive political interfer-
ence.
  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 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  assem-
bly.    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  experi-
enced  former  members  of  law  enforcement agencies in the state.  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
the effective date of this act and then every one  hundred  eighty  days
thereafter.
  S 10. This act shall take effect immediately.