Senate Bill S3685

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

                                  3685

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

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

AN ACT to amend the executive  law,  in  relation  to  establishing  the
  office of special crimes investigator

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

  Section 1. The executive law is amended by adding a new section 75  to
read as follows:
  S 75. SPECIAL CRIMES INVESTIGATOR. 1. DEFINITIONS. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
  A.  "INVESTIGATOR"  MEANS  THE  SPECIAL CRIMES INVESTIGATOR CREATED BY
THIS SECTION.
  B. "OFFICE" MEANS  THE  OFFICE  OF  THE  SPECIAL  CRIMES  INVESTIGATOR
CREATED BY THIS SECTION.
  2.  OFFICE.  A.  THERE  IS HEREBY CREATED IN THE DEPARTMENT OF LAW THE
OFFICE OF SPECIAL CRIMES INVESTIGATOR. THE HEAD OF THE OFFICE  SHALL  BE
THE SPECIAL CRIMES INVESTIGATOR, WHO SHALL BE APPOINTED BY THE GOVERNOR,
BY AND WITH THE ADVICE AND CONSENT OF THE SENATE.
  B.  THE  INVESTIGATOR  SHALL  SERVE  FOR  A  TERM OF FIVE YEARS UNLESS
REMOVED BY THE GOVERNOR FOR NEGLECT OR MALFEASANCE IN  OFFICE,  AND  MAY
ALSO  BE REMOVED FOR NEGLECT OR MALFEASANCE BY THE SENATE UPON A VOTE OF
TWO-THIRDS OF ITS MEMBERS. AN INVESTIGATOR REMOVED FROM OFFICE  MAY  NOT
BE REAPPOINTED TO SUCH OFFICE.
  3. FUNCTIONS, DUTIES AND RESPONSIBILITIES. THE INVESTIGATOR SHALL HAVE
THE FOLLOWING FUNCTIONS, DUTIES AND RESPONSIBILITIES:
  A.  TO APPOINT SUCH DEPUTIES, DIRECTORS, ASSISTANTS AND OTHER OFFICERS
AND EMPLOYEES AS MAY BE NEEDED FOR THE PERFORMANCE OF HIS OR HER  DUTIES
AND  MAY  PRESCRIBE  THEIR  POWERS AND FIX THEIR COMPENSATION WITHIN THE
AMOUNTS APPROPRIATED THEREFOR;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07632-01-1

S. 3685                             2
              

  B. TO CONDUCT AND SUPERVISE INVESTIGATIONS RELATING TO THE  COMMISSION
OF  EXTRAORDINARY  CRIMES,  INCLUDING,  BUT NOT LIMITED TO, SHOOTINGS BY
POLICE OFFICERS WHILE IN THE LINE OF DUTY;
  C.  TO  KEEP THE GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, TEMPO-
RARY PRESIDENT OF THE SENATE, MINORITY LEADER OF THE SENATE, SPEAKER  OF
THE  ASSEMBLY  AND THE MINORITY LEADER OF THE ASSEMBLY, APPRISED OF SUCH
INVESTIGATIONS;
  D. TO MAKE INFORMATION AND EVIDENCE RELATING TO CRIMINAL ACTS WHICH HE
OR SHE MAY OBTAIN IN CARRYING OUT HIS OR HER DUTIES AVAILABLE TO  APPRO-
PRIATE LAW ENFORCEMENT OFFICIALS AND TO CONSULT WITH THE ATTORNEY GENER-
AL  AND LOCAL DISTRICT ATTORNEYS TO COORDINATE INVESTIGATIONS AND CRIMI-
NAL PROSECUTIONS; AND
  E. TO SUBPOENA  WITNESSES,  ADMINISTER  OATHS  OR  AFFIRMATIONS,  TAKE
TESTIMONY  AND  COMPEL THE PRODUCTION OF SUCH BOOKS, PAPERS, RECORDS AND
DOCUMENTS AS HE OR SHE MAY DEEM  TO  BE  RELEVANT  TO  AN  INVESTIGATION
UNDERTAKEN PURSUANT TO THIS SECTION.
  4.  COOPERATION  OF  AGENCY OFFICIALS AND EMPLOYEES. A. IN ADDITION TO
THE AUTHORITY OTHERWISE PROVIDED BY THIS SECTION, THE  INVESTIGATOR,  IN
CARRYING OUT THE PROVISIONS OF THIS SECTION, IS AUTHORIZED:
  (I)  TO  HAVE  FULL  AND  UNRESTRICTED ACCESS TO ALL RECORDS, REPORTS,
AUDITS, REVIEWS, DOCUMENTS, PAPERS, RECOMMENDATIONS  OR  OTHER  MATERIAL
AVAILABLE  TO  STATE  AND  LOCAL  LAW  ENFORCEMENT  AGENCIES RELATING TO
EXTRAORDINARY CRIMES WITH RESPECT TO WHICH THE INVESTIGATOR HAS  RESPON-
SIBILITIES UNDER THIS SECTION;
  (II)  TO  MAKE SUCH INVESTIGATIONS RELATING TO EXTRAORDINARY CRIMES AS
ARE, IN THE JUDGMENT OF THE INVESTIGATOR, NECESSARY OR DESIRABLE; AND
  (III) TO REQUEST SUCH INFORMATION, ASSISTANCE AND COOPERATION FROM ANY
FEDERAL, STATE OR LOCAL GOVERNMENTAL DEPARTMENT, BOARD, BUREAU,  COMMIS-
SION,  OR  OTHER AGENCY OR UNIT THEREOF AS MAY BE NECESSARY FOR CARRYING
OUT THE DUTIES AND RESPONSIBILITIES ENJOINED UPON HIM  OR  HER  BY  THIS
SECTION. STATE AND LOCAL AGENCIES OR UNITS THEREOF ARE HEREBY AUTHORIZED
AND DIRECTED TO PROVIDE SUCH INFORMATION, ASSISTANCE AND COOPERATION.
  B.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, NO PERSON SHALL PREVENT, SEEK TO PREVENT, INTERFERE  WITH,
OBSTRUCT  OR OTHERWISE HINDER ANY INVESTIGATION BEING CONDUCTED PURSUANT
TO THIS SECTION. ANY VIOLATION OF THIS PARAGRAPH SHALL CONSTITUTE  CAUSE
FOR SUSPENSION OR REMOVAL FROM OFFICE OR EMPLOYMENT.
  5.  ESTABLISHMENT  PERIOD.  THE  GOVERNOR  SHALL  NOMINATE THE INITIAL
INVESTIGATOR AS SOON AS IS PRACTICABLE BUT IN NO EVENT LATER THAN  SIXTY
DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
  6.  REPORTS  REQUIRED  OF THE INVESTIGATOR. THE INVESTIGATOR SHALL, NO
LATER THAN FEBRUARY FIRST OF EACH YEAR SUBMIT TO THE GOVERNOR, THE STATE
COMPTROLLER, THE ATTORNEY GENERAL AND THE LEGISLATURE A REPORT SUMMARIZ-
ING THE ACTIVITIES OF THE OFFICE DURING THE PRECEDING CALENDAR YEAR.
  7. DISCLOSURE OF INFORMATION. A. THE INVESTIGATOR SHALL  NOT  PUBLICLY
DISCLOSE INFORMATION WHICH IS:
  (I) A PART OF ANY ONGOING INVESTIGATION; OR
  (II) SPECIFICALLY PROHIBITED FROM DISCLOSURE BY ANY OTHER PROVISION OF
LAW.
  B.  NOTWITHSTANDING  PARAGRAPH A OF THIS SUBDIVISION, ANY REPORT UNDER
THIS SECTION MAY BE DISCLOSED TO THE PUBLIC IN  A  FORM  WHICH  INCLUDES
INFORMATION  WITH RESPECT TO A PART OF AN ONGOING CRIMINAL INVESTIGATION
IF SUCH INFORMATION HAS BEEN INCLUDED IN A PUBLIC RECORD.
  S 2. This act shall take effect immediately.