S T A T E O F N E W Y O R K
________________________________________________________________________
3966
2021-2022 Regular Sessions
I N A S S E M B L Y
January 29, 2021
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT establishing a temporary commission to investigate the influence
of outside agitators on peaceful protests; and providing for the
repeal of such provisions upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds that the right to
gather and peacefully protest is protected by the first amendment to the
United States Constitution and should be protected from the interference
of individuals or groups that seek to infringe on this right and peace-
ful protests. Therefore, the legislature finds an independent commission
is needed to investigate the extent and influence of outside agitators
on peaceful protests.
§ 2. Commission. There is hereby established a temporary commission,
to be known as the "commission to investigate the influence of outside
agitators on peaceful protests" (hereinafter "the commission"), for the
purpose of investigating the extent and influence of outside agitators
on the right to gather and peacefully protest.
§ 3. Membership. (a) The commission shall consist of nine members to
be appointed as follows:
(1) three members of the assembly, to be appointed by the speaker of
the assembly;
(2) two members of the senate, to be appointed by the temporary presi-
dent of the senate;
(3) one member from the New York state police appointed by the gover-
nor;
(4) one member from the New York state sheriff's association, to be
appointed by the association;
(5) one member from the New York state division of criminal justice
services, to be appointed by the governor; and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01834-01-1
A. 3966 2
(6) the commissioner of the New York city police department, or his or
her designee.
(b) Vacancies in the membership of the commission shall be filled in
the manner provided for original appointments.
(c) A chairperson and vice-chairperson of the commission shall be
elected by a majority of its members, all members being present. Five
members of the commission shall constitute a quorum for the purposes of
conducting business of the commission.
(d) The commission may meet within and without the state, shall hold
at least one public hearing each quarter, and shall have all the powers
of a legislative committee pursuant to the legislative law. The first
meeting of the commission shall be called by the first-named assembly
member. The first meeting of the commission shall be held within 45 days
of the effective date of this act.
(e) Membership on the commission shall not constitute a public office.
(f) 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 pursuant to this act.
§ 4. Duties and scope of inquiry. The commission shall:
(a) investigate the extent and influence of outside agitators on
peaceful protests; and
(b) receive testimony from individuals and organizations with exper-
tise on the influence of outside agitators on peaceful protests and
members of the public with interest in the influence of outside agita-
tors on peaceful protests.
§ 5. Reporting. (a) The commission shall prepare and publish an inter-
im report and a final report of its findings and recommendations. The
reports shall:
(1) detail the extent and influence of outside agitators on peaceful
protests including organization and leadership;
(2) develop a strategy and best practices, if deemed necessary, to
limit the influence of outside agitators on peaceful protests; and
(3) provide any recommendations for proposed legislation developed by
the commission.
(b) The commission shall submit the interim report required under
subdivision (a) of this section to the speaker of the assembly, the
minority leader of the assembly, the temporary president of the senate,
the minority leader of the senate and the governor on or before June 1,
2022, and shall submit the final report required under subdivision (a)
of this section to the speaker of the assembly, the minority leader of
the assembly, the temporary president of the senate, the minority leader
of the senate and the governor on or before September 1, 2022.
(c) The commission shall disband thirty days after submission of its
final report as provided in subdivision (b) of this section.
§ 6. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2022.