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

                                  3795

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by M. of A. GIANARIS, BRADLEY -- Multi-Sponsored by -- M. of
  A. JEFFRIES, JOHN,  KELLNER,  PEOPLES,  PHEFFER,  PRETLOW,  J. RIVERA,
  TOWNS -- read once and referred to the Committee on Judiciary

AN  ACT  to  amend  the judiciary law, in relation to creating the state
  commission for the integrity of the criminal  justice  system,  as  an
  independent  agency,  and  providing  for such commission's powers and
  duties

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

  Section  1.  Article 23 and sections 860 and 861 of the judiciary law,
as renumbered by chapter 840 of the laws of 1983, are renumbered article
24 and sections 1000 and 1001 and a new article 23 is added to  read  as
follows:
                                ARTICLE 23
                   STATE COMMISSION FOR THE INTEGRITY
                     OF THE CRIMINAL JUSTICE SYSTEM
SECTION 900. DEFINITION.
        901. STATE  COMMISSION FOR THE INTEGRITY OF THE CRIMINAL JUSTICE
               SYSTEM.
        902. PURPOSE AND CONDUCT OF THE COMMISSION.
        903. POWERS AND DUTIES.
        904. USE OF REPORTS.
  S 900. DEFINITION. AS USED IN THIS ARTICLE,  "COMMISSION"  SHALL  MEAN
THE  STATE  COMMISSION  FOR THE INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM
ESTABLISHED PURSUANT TO SECTION NINE HUNDRED ONE OF THIS ARTICLE.
  S 901. STATE COMMISSION FOR THE  INTEGRITY  OF  THE  CRIMINAL  JUSTICE
SYSTEM.  1.  THE  STATE  COMMISSION  FOR  THE  INTEGRITY OF THE CRIMINAL
JUSTICE SYSTEM IS HEREBY ESTABLISHED AS AN  INDEPENDENT  AGENCY  OF  THE
STATE. THE COMMISSION SHALL CONSIST OF TEN MEMBERS AS FOLLOWS:
  (A) THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES;
  (B) FOUR MEMBERS APPOINTED BY THE GOVERNOR, OF WHOM:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02828-01-9
              

A. 3795                             2

  (I) ONE SHALL BE A REPRESENTATIVE OF A LAW ENFORCEMENT AGENCY,
  (II)  ONE SHALL BE A REPRESENTATIVE OF THE PUBLIC CRIMINAL DEFENSE BAR
OR PRIVATE CRIMINAL DEFENSE BAR WHO SHALL BE APPOINTED UPON  THE  RECOM-
MENDATION  OF  AN  ORGANIZATION  WITH MORE THAN SEVEN HUNDRED FIFTY DUES
PAYING MEMBERS REPRESENTING SUCH PUBLIC OR PRIVATE DEFENSE SERVICES,
  (III) ONE SHALL BE A REPRESENTATIVE  OF  VICTIMS  RIGHTS  ADVOCACY  OR
SERVICES ORGANIZATIONS, AND
  (IV) ONE SHALL BE A REPRESENTATIVE OF THE FORENSIC SCIENCE FIELD;
  (C)  A  MEMBER APPOINTED BY THE ATTORNEY GENERAL WHO SHALL BE A REPRE-
SENTATIVE OF PROSECUTION SERVICES;
  (D) TWO MEMBERS APPOINTED BY THE CHIEF JUDGE OF THE COURT OF  APPEALS,
OF WHOM:
  (I)  ONE SHALL BE A RETIRED JUDGE OR JUSTICE OF A NEW YORK STATE COURT
OF RECORD, AND
  (II) ONE SHALL BE A PROFESSOR OF LAW OR A RETIRED FULL TIME  PROFESSOR
OF  LAW  WHO  HAS  TAUGHT  LAW  SCHOOL COURSES IN CRIMINAL LAW, CRIMINAL
PROCEDURE, CONSTITUTIONAL LAW, OR EVIDENCE AT AN ACCREDITED  POST-GRADU-
ATE COLLEGE IN NEW YORK STATE;
  (E) ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, WHO
SHALL BE A MEMBER OF THE PUBLIC-AT-LARGE; AND
  (F)  ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY, WHO SHALL BE
A MEMBER OF THE PUBLIC-AT-LARGE.
  2. THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES SHALL SERVE AN INDEF-
INITE TERM. THE MEMBERS APPOINTED BY THE GOVERNOR SHALL SERVE A TERM  OF
FOUR  YEARS.  THE  RETIRED JUDGE OR JUSTICE APPOINTED BY THE CHIEF JUDGE
SHALL SERVE A TERM OF THREE YEARS.  THE  PROFESSOR  OF  LAW  OR  RETIRED
PROFESSOR  OF LAW APPOINTED BY THE CHIEF JUDGE SHALL SERVE A TERM OF TWO
YEARS. THE MEMBERS APPOINTED BY  THE  ATTORNEY  GENERAL,  THE  TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL EACH SERVE
A  TERM OF TWO YEARS.  EACH OF THE MEMBERS OF THE COMMISSION, EXCEPT THE
COMMISSIONER OF CRIMINAL JUSTICE SERVICES,  APPOINTED  THEREAFTER  SHALL
SERVE  A TERM OF FIVE YEARS.  EVERY VACANCY OCCURRING PRIOR TO THE EXPI-
RATION OF A MEMBER'S TERM SHALL BE FILLED FOR THE REMAINDER OF SUCH TERM
IN THE MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT TO SUCH  TERM.  UPON
THE  EXPIRATION  OF  THE TERM OF A MEMBER OF THE COMMISSION, SUCH MEMBER
SHALL CONTINUE TO SERVE UNTIL HIS OR HER SUCCESSOR IS APPOINTED.
  3. THE COMMISSION SHALL ELECT A CHAIR FROM AMONGST ITS  MEMBERS  BY  A
MAJORITY VOTE OF THE MEMBERS THEREOF.
  4.  NO MEMBER OF THE COMMISSION SHALL BE DISQUALIFIED FROM HOLDING ANY
PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
OR EMPLOYMENT, BY REASON OF HIS OR  HER  APPOINTMENT  PURSUANT  TO  THIS
SECTION, AND THE MEMBERS OF THE COMMISSION SHALL BE REQUIRED TO TAKE AND
FILE OATHS OF OFFICE BEFORE SERVING ON THE COMMISSION.
  5.  THE  COMMISSION SHALL MEET AT LEAST FOUR TIMES EACH YEAR AT PREDE-
TERMINED TIMES AND LOCATIONS ANNOUNCED IN ADVANCE,  AND  AT  SUCH  OTHER
TIMES  AS  THE  CHAIR  OF  THE  COMMISSION OR FOUR OR MORE MEMBERS SHALL
DETERMINE TO BE NECESSARY.
  6. FOR ANY ACTION AUTHORIZED BY THIS  ARTICLE,  FIVE  MEMBERS  OF  THE
COMMISSION  SHALL  CONSTITUTE A QUORUM AND, EXCEPT AS OTHERWISE PROVIDED
IN SUBDIVISIONS THREE AND FIVE OF THIS SECTION, THE CONCURRENCE  OF  SIX
MEMBERS OF THE COMMISSION SHALL BE NECESSARY.
  7.  THE  MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT SALARY OR OTHER
COMPENSATION, BUT SHALL BE ENTITLED  TO  RECEIVE  ACTUAL  AND  NECESSARY
EXPENSES  INCURRED  IN  THE  DISCHARGE  OF THEIR DUTIES PURSUANT TO THIS
ARTICLE.

A. 3795                             3

  S 902. PURPOSE AND CONDUCT OF THE COMMISSION.   THE  COMMISSION  SHALL
REVIEW ANY CRIMINAL OR JUVENILE CASE INVOLVING A WRONGFUL CONVICTION AND
RECOMMEND  REFORMS  TO  LESSEN  THE  LIKELIHOOD  OF  A  SIMILAR WRONGFUL
CONVICTION OCCURRING IN THE FUTURE.
  WHENEVER  A  PERSON WHO HAS BEEN CONVICTED OF A CRIME OR ADJUDICATED A
YOUTHFUL OFFENDER IS SUBSEQUENTLY DETERMINED  TO  BE  INNOCENT  OF  SUCH
CRIME  OR OFFENSE AND EXONERATED, THE COMMISSION SHALL CONDUCT AN INVES-
TIGATION, HOLD HEARINGS ON AND  MAKE  FINDINGS  OF  FACT  REGARDING  THE
WRONGFUL  CONVICTION  IN  ORDER  TO DETERMINE THE CAUSE OR CAUSES OF THE
WRONGFUL CONVICTION.
  UPON THE COMPLETION OF SUCH  PROCESS,  THE  COMMISSION,  WITHIN  SIXTY
DAYS,  SHALL  ISSUE A PRELIMINARY WRITTEN REPORT OF ITS FINDINGS OF FACT
AND CONCLUSIONS, AND ANY RECOMMENDATIONS TO PREVENT WRONGFUL CONVICTIONS
FROM OCCURRING UNDER SIMILAR CIRCUMSTANCES IN THE FUTURE.    WITHIN  ONE
HUNDRED  TWENTY  DAYS AFTER ISSUING SUCH PRELIMINARY REPORT, THE COMMIS-
SION SHALL ISSUE ITS REPORT AND RECOMMENDATIONS CONCERNING  THE  MATTER.
SUCH  REPORT  AND RECOMMENDATIONS SHALL BE MADE AVAILABLE TO THE PUBLIC,
AND SHALL BE DELIVERED TO THE GOVERNOR, ATTORNEY GENERAL, CHIEF JUDGE OF
THE COURT OF APPEALS, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF  THE
ASSEMBLY,  AND  TO  ANY  GOVERNMENTAL UNIT OR AGENCY THAT THE COMMISSION
FINDS MAY HAVE BEEN INVOLVED IN THE INVESTIGATION OR ADJUDICATION OF THE
WRONGFUL CONVICTION. THE COMMISSION SHALL ALSO MAKE AVAILABLE AN  ANNUAL
REPORT  DETAILING, AT A MINIMUM, THE NUMBER OF CASES ACCEPTED FOR FORMAL
AND INFORMAL INVESTIGATION, THE NUMBER OF COMPLETED  INVESTIGATIONS  AND
THE STATUS OF ON-GOING OR PENDING INVESTIGATIONS.
  S  903.  POWERS  AND  DUTIES. THE COMMISSION SHALL HAVE THE POWERS AND
DUTIES TO:
  1. ESTABLISH ITS OWN REASONABLE RULES AND  PROCEDURES  CONCERNING  THE
CONDUCT  OF  ITS  MEETINGS AND OTHER AFFAIRS RELATED TO IMPLEMENTING THE
PROVISIONS OF THIS ARTICLE;
  2. EMPLOY AND REMOVE SUCH OFFICERS, INVESTIGATORS AND EMPLOYEES AS  IT
MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS POWERS AND DUTIES PURSUANT
TO  THIS  ARTICLE,  AND  FIX  THEIR COMPENSATION WITHIN THE AMOUNTS MADE
AVAILABLE THEREFOR;
  3. CONDUCT INVESTIGATIONS AND HEARINGS, ADMINISTER OATHS  OR  AFFIRMA-
TIONS,  SUBPOENA  WITNESSES, COMPEL THEIR ATTENDANCE, EXAMINE THEM UNDER
OATH OR AFFIRMATION, REQUIRE PRODUCTION OF ANY BOOKS, RECORDS, DOCUMENTS
OR OTHER EVIDENCE THAT IT MAY DEEM RELEVANT OR MATERIAL TO  AN  INVESTI-
GATION,  AND MAY DESIGNATE ANY OF ITS MEMBERS, OFFICERS OR INVESTIGATORS
TO EXERCISE ANY SUCH POWERS; PROVIDED, HOWEVER, NOTHING IN THIS SUBDIVI-
SION SHALL AUTHORIZE THE ISSUANCE OF A SUBPOENA OR COMPELLED QUESTIONING
OF THE TRIAL COURT JUDGE OR ANY APPELLATE  COURT  JUDGE  CONCERNING  THE
JUDGE'S MENTAL PROCESSES IN ARRIVING AT ANY DECISION IN A CASE;
  4.  REQUEST  AND  RECEIVE FROM ANY COURT, DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE OR A POLITICAL  SUBDIVI-
SION  THEREOF  OR  ANY  PUBLIC  AUTHORITY  SUCH ASSISTANCE, INFORMATION,
RECORDS AND DATA AS WILL ENABLE IT TO PROPERLY CARRY OUT ITS POWERS  AND
DUTIES;
  5.  ISSUE  PRELIMINARY REPORTS ON ANY INVESTIGATION CONDUCTED PURSUANT
TO THIS ARTICLE, WHICH PRELIMINARY REPORTS  SHALL  INCLUDE  FINDINGS  OF
FACT  AND RECOMMENDATIONS, AND INVITE ANY PARTY DIRECTLY INVOLVED IN THE
WRONGFUL CONVICTION, WHICH IS THE SUBJECT OF THE  REPORT,  TO  SUBMIT  A
REPLY  WITHIN  SIXTY  DAYS  TO THE COMMISSION CONCERNING THE FINDINGS OF
FACT AND RECOMMENDATIONS IN THE REPORT. ANY SUCH  REPLY  SHALL  BE  MADE
AVAILABLE  BY  THE COMMISSION, TOGETHER WITH ANY RESPONSE BY THE COMMIS-
SION THERETO, TO THE PARTIES LISTED IN SECTION NINE HUNDRED TWO OF  THIS

A. 3795                             4

ARTICLE  AS PART OF THE COMMISSION'S REPORT AND RECOMMENDATIONS CONCERN-
ING THE MATTER; AND
  6.  DO  ALL  OTHER  THINGS  NECESSARY  AND CONVENIENT TO CARRY OUT THE
PROVISIONS OF THIS ARTICLE.
  S 904. USE OF REPORTS. NO PRELIMINARY REPORT, REPORT OR PORTION THERE-
OF ISSUED PURSUANT TO THIS ARTICLE SHALL BE ADMITTED  INTO  EVIDENCE  OR
USED IN ANY CIVIL OR CRIMINAL CAUSE OF ACTION RELATING TO A MATTER WHICH
IS THE SUBJECT OF SUCH REPORT.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law, provided that the officials who are empowered by this
act to appoint members of the state commission for the integrity of  the
criminal  justice  system  are  authorized  and  directed  to  make such
appointments on or before such effective date pursuant to section 901 of
the judiciary law, as added by section one of this act.