S T A T E O F N E W Y O R K
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224
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
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Introduced by M. of A. LANCMAN -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the judiciary law, in relation to enacting the "govern-
ment testimony integrity act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "government testimony integrity act".
S 2. The judiciary law is amended by adding a new section 39-c to read
as follows:
S 39-C. NOTIFICATION OF FALSE TESTIMONY BY A PUBLIC OFFICER AND PUBLIC
EMPLOYEE. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(A) THE TERM "PUBLIC OFFICER," AS USED IN THIS SECTION, SHALL INCLUDE
(I) EVERY OFFICER FOR WHOM ALL THE ELECTORS OF THE STATE ARE ENTITLED TO
VOTE, MEMBERS OF THE LEGISLATURE, JUSTICES OF THE SUPREME COURT, REGENTS
OF THE UNIVERSITY, AND EVERY OFFICER, APPOINTED BY ONE OR MORE STATE
OFFICERS, OR BY THE LEGISLATURE, AND AUTHORIZED TO EXERCISE HIS OR HER
OFFICIAL FUNCTIONS THROUGHOUT THE ENTIRE STATE, OR WITHOUT LIMITATION TO
ANY POLITICAL SUBDIVISION OF THE STATE, EXCEPT UNITED STATES SENATORS,
MEMBERS OF CONGRESS, AND ELECTORS FOR PRESIDENT AND VICE-PRESIDENT OF
THE UNITED STATES, AND (II) EVERY OTHER OFFICER WHO IS ELECTED BY THE
ELECTORS OF A PORTION ONLY OF THE STATE, EVERY OFFICER OF A POLITICAL
SUBDIVISION OR MUNICIPAL CORPORATION OF THE STATE, AND EVERY OFFICER
LIMITED IN THE EXECUTION OF HIS OFFICIAL FUNCTIONS TO A PORTION ONLY OF
THE STATE.
(B) THE TERM "PUBLIC EMPLOYEE," AS USED IN THIS SECTION, SHALL INCLUDE
EVERY PERSON, BY WHATSOEVER TITLE, DESCRIPTION OR DESIGNATION KNOWN, WHO
RECEIVES ANY PAY, SALARY OR COMPENSATION OF ANY KIND FROM THE STATE OR A
MUNICIPAL CORPORATION OR ANY OTHER POLITICAL SUBDIVISION THEREOF, OR WHO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01234-01-1
A. 224 2
IS IN ANY DEPARTMENT OF THE STATE OR IN THE SERVICE OF ANY PUBLIC
AUTHORITY.
(C) THE TERM "CHIEF ELECTED OFFICER," AS USED IN THIS SECTION, MEANS
IN THE CASE OF THE STATE, THE GOVERNOR THEREOF; IN THE CASE OF A COUNTY,
THE COUNTY EXECUTIVE THEREOF; IN THE CASE OF A CITY, THE MAYOR THEREOF;
IN THE CASE OF A TOWN, THE SUPERVISOR THEREOF; IN THE CASE OF A VILLAGE,
THE MAYOR THEREOF; AND IN THE CASE OF ANY OTHER POLITICAL SUBDIVISION OF
THE STATE, THE ELECTED OFFICER IN WHOM IS VESTED THE EXECUTIVE FUNCTION
OF THE SUBDIVISION'S GOVERNMENT.
2. IF A STATE COURT OR OTHER STATE OR LOCAL ADJUDICATIVE TRIBUNAL HAS
REASON TO BELIEVE THAT ANY PUBLIC OFFICER OR PUBLIC EMPLOYEE HAS GIVEN
FALSE TESTIMONY UNDER OATH IN A PROCEEDING BEFORE IT, SUCH COURT OR
OTHER STATE OR LOCAL ADJUDICATIVE TRIBUNAL SHALL WITHIN THIRTY DAYS OF
SUCH OCCURRENCE (A) IN THE CASE OF A PUBLIC OFFICER, NOTIFY THE ATTORNEY
GENERAL, (B) IN THE CASE OF A PUBLIC EMPLOYEE OTHER THAN AN EMPLOYEE OF
A PUBLIC AUTHORITY, NOTIFY THE ATTORNEY GENERAL AND THE CHIEF ELECTED
OFFICER OF THE STATE OR POLITICAL SUBDIVISION EMPLOYING SUCH INDIVIDUAL,
AND (C) IN THE CASE OF A PUBLIC EMPLOYEE WHO IS AN EMPLOYEE OF A PUBLIC
AUTHORITY, NOTIFY THE ATTORNEY GENERAL AND THE CHAIRPERSON OF THE BOARD
OF THE PUBLIC AUTHORITY EMPLOYING SUCH INDIVIDUAL.
S 3. This act shall take effect immediately.