S T A T E O F N E W Y O R K
________________________________________________________________________
2647--A
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
___________
Introduced by M. of A. JEFFRIES, TITONE, PEOPLES-STOKES, LANCMAN,
CAMARA, McDONOUGH, GIBSON, N. RIVERA, LIFTON -- Multi-Sponsored by --
M. of A. BRENNAN, CRESPO, GALEF -- read once and referred to the
Committee on Governmental Operations -- recommitted to the Committee
on Governmental Operations in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT creating a state commission to investigate patterns and practices
of unlawful or inappropriate conduct on the part of members of law
enforcement personnel in New York state
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 law enforcement person-
nel in New York state, largely emanating from the Executive Services
Detail of the 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04652-03-1
A. 2647--A 2
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 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
law enforcement practices in the state.
S 2. A state commission is hereby created to investigate certain
patterns and practices of unlawful or inappropriate conduct on the part
of members of law enforcement personnel in New York state including, but
not limited to the Executive Services Detail, that result from inappro-
priate 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 law enforcement agen-
cies 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
this act shall have become a law and then every one hundred eighty days
thereafter.
S 10. This act shall take effect immediately.