S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8391
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   commission on public officer investigation
 
   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  63-e
 to read as follows:
   § 63-E. COMMISSION ON PUBLIC OFFICER INVESTIGATION. 1. THERE IS ESTAB-
 LISHED  WITHIN  THE  DEPARTMENT  OF LAW THE COMMISSION ON PUBLIC OFFICER
 INVESTIGATION WHICH SHALL UNDERTAKE A COMPREHENSIVE  REVIEW  OF  MATTERS
 CONCERNING  THE  PUBLIC  PEACE, PUBLIC SAFETY AND PUBLIC JUSTICE AND THE
 ALLEGED COMMISSION OF AN INDICTABLE OFFENSE BY CERTAIN PUBLIC OFFICIALS.
 AFTER SUCH REVIEW, IF THE COMMISSION HAS FOUND A  SUBSTANTIAL  BASIS  TO
 CONCLUDE  THAT  AN  INDIVIDUAL  HAS  VIOLATED THE LAW OF THIS STATE, THE
 COMMISSION SHALL AUTHORIZE A FULL INVESTIGATION BY THE ATTORNEY GENERAL.
   2. WHEN THE COMMISSION RECEIVES A COMPLAINT ALLEGING  A  VIOLATION  OF
 THE  LAW  OF  THIS  STATE BY STATEWIDE ELECTED OFFICIALS, MEMBERS OF THE
 LEGISLATURE, EMPLOYEES OF THE LEGISLATURE, STATE OFFICERS AND EMPLOYEES,
 AS DEFINED IN SECTIONS SEVENTY-THREE AND SEVENTY-THREE-A OF  THE  PUBLIC
 OFFICERS  LAW  AND  CANDIDATES  FOR  STATEWIDE ELECTED OFFICE, OR IF THE
 COMMISSION DETERMINES  ON  ITS  OWN  INITIATIVE  TO  REVIEW  A  POSSIBLE
 VIOLATION,  THE  COMMISSION  SHALL  NOTIFY  THE  INDIVIDUAL  IN WRITING,
 DESCRIBE THE ALLEGED VIOLATION OF LAW,  PROVIDE  A  DESCRIPTION  OF  THE
 ALLEGATION  AND  THE  EVIDENCE,  IF  ANY, SUPPORTING SUCH ALLEGATION AND
 PROVIDE THE INDIVIDUAL WITH A TEN DAY PERIOD IN WHICH TO SUBMIT A  WRIT-
 TEN  RESPONSE, INCLUDING ANY EVIDENCE, STATEMENTS AND PROPOSED WITNESSES
 RELATING TO THE ACTIVITIES CITED AS AN ALLEGED  VIOLATION  OF  LAW.  THE
 COMMISSION  SHALL, WITHIN FOURTEEN DAYS AFTER A COMPLAINT IS RECEIVED OR
 A REVIEW IS COMMENCED ON THE COMMISSION'S OWN INITIATIVE, VOTE ON WHETH-
 ER A SUBSTANTIAL  BASIS  EXISTS  TO  CONCLUDE  THAT  AN  INDIVIDUAL  HAS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10842-01-1
              

 A. 8391                             2
 
 VIOLATED THE LAW OF THIS STATE. IF AT LEAST SEVEN MEMBERS OF THE COMMIS-
 SION  VOTE  IN  FAVOR  OF  THE  EXISTENCE OF A SUBSTANTIAL BASIS, A FULL
 INVESTIGATION OF THE MATTER BY THE ATTORNEY GENERAL SHALL BE AUTHORIZED.
   3.  UPON  THE  VOTE OF AT LEAST SEVEN MEMBERS OF THE COMMISSION THAT A
 SUBSTANTIAL BASIS EXISTS TO CONCLUDE THAT AN INDIVIDUAL HAS VIOLATED THE
 LAW OF THIS STATE, THE COMMISSION SHALL AUTHORIZE A  FULL  INVESTIGATION
 BY  THE  ATTORNEY  GENERAL.  WRITTEN  NOTICE OF SUCH AUTHORIZATION SHALL
 IMMEDIATELY BE PROVIDED TO THE ATTORNEY  GENERAL  ALONG  WITH  A  REPORT
 DETAILING  THE REVIEW BY THE COMMISSION. IF THE COMMISSION DETERMINES AT
 ANY STAGE THAT THERE IS NO VIOLATION OR THAT ANY POTENTIAL VIOLATION HAS
 BEEN RECTIFIED, IT SHALL ADVISE THE INDIVIDUAL AND THE  COMPLAINANT,  IF
 ANY, IN WRITING WITHIN FIVE DAYS OF SUCH DECISION.
   4.  THE  JURISDICTION  OF  THE COMMISSION WHEN ACTING PURSUANT TO THIS
 SECTION SHALL CONTINUE NOTWITHSTANDING THAT A STATEWIDE ELECTED OFFICIAL
 OR A STATE OFFICER OR EMPLOYEE OR MEMBER OF THE LEGISLATURE OR  LEGISLA-
 TIVE EMPLOYEE SEPARATES FROM STATE SERVICE OR A CANDIDATE CEASES TO BE A
 CANDIDATE,  PROVIDED THAT THE COMMISSION NOTIFIES SUCH INDIVIDUAL OF THE
 ALLEGED VIOLATION OF LAW WITHIN ONE YEAR FROM HIS OR HER SEPARATION FROM
 STATE SERVICE OR HIS OR HER TERMINATION OF CANDIDACY.
   5. THE COMMISSION SHALL CONSIST OF THIRTEEN MEMBERS WHO SHALL  POSSESS
 KNOWLEDGE OR EXPERIENCE IN CRIMINAL LAW OR LAW ENFORCEMENT AND WHO SHALL
 BE  APPOINTED  AS FOLLOWS: FIVE MEMBERS SHALL BE APPOINTED BY THE TEMPO-
 RARY PRESIDENT OF THE SENATE, FOUR MEMBERS SHALL  BE  APPOINTED  BY  THE
 SPEAKER  OF THE ASSEMBLY, TWO MEMBERS SHALL BE APPOINTED BY THE MINORITY
 LEADER OF THE SENATE AND TWO MEMBERS SHALL BE APPOINTED BY THE  MINORITY
 LEADER OF THE ASSEMBLY.
   6.  MEMBERS  OF  THE COMMISSION SHALL RECEIVE A PER DIEM ALLOWANCE FOR
 EACH DAY SPENT IN THE PERFORMANCE OF HIS OR HER DUTIES UNDER THIS  ARTI-
 CLE,  AND,  IN  ADDITION THERETO, SHALL BE REIMBURSED FOR ALL REASONABLE
 EXPENSES ACTUALLY AND NECESSARILY INCURRED BY HIM OR HER IN THE PERFORM-
 ANCE OF HIS OR HER DUTIES UNDER THIS SECTION.
   7. MEMBERS OF THE COMMISSION SHALL SERVE FOR TERMS OF FIVE YEARS.  ANY
 VACANCY  OCCURRING  ON THE COMMISSION SHALL BE FILLED WITHIN THIRTY DAYS
 OF ITS OCCURRENCE IN THE SAME MANNER AS  THE  MEMBER  WHOSE  VACANCY  IS
 BEING  FILLED WAS APPOINTED. A PERSON APPOINTED TO FILL A VACANCY OCCUR-
 RING OTHER THAN BY EXPIRATION OF A TERM OF OFFICE SHALL BE APPOINTED FOR
 THE UNEXPIRED TERM OF THE MEMBER HE OR SHE SUCCEEDS.
   8. THE COMMISSION SHALL HAVE JURISDICTION  TO  INVESTIGATE  BUT  SHALL
 HAVE NO JURISDICTION TO IMPOSE PENALTIES FOR ANY VIOLATION OF THE LAW OF
 THIS STATE.
   9.  TO  EFFECTUATE  THE  PURPOSES  OF THIS SECTION, THE COMMISSION MAY
 REQUEST AND SHALL RECEIVE FROM THE  DEPARTMENT  AND  ANY  OTHER  AGENCY,
 DEPARTMENT,  DIVISION,  BOARD, BUREAU OR COMMISSION OF THE STATE, OR ANY
 POLITICAL SUBDIVISION THEREOF, SUCH ASSISTANCE, INFORMATION AND DATA  AS
 WILL  ENABLE  THE COMMISSION TO PROPERLY CARRY OUT ITS POWERS AND DUTIES
 AS DESCRIBED IN THIS SECTION.
   § 2. Subdivision 3 of section 63 of the executive law, as  amended  by
 chapter 155 of the laws of 2012, is amended to read as follows:
   3.  Upon  request  of  the  governor, comptroller, secretary of state,
 commissioner of transportation, superintendent  of  financial  services,
 commissioner of taxation and finance, commissioner of motor vehicles, or
 the  state  inspector  general,  or  the  head  of any other department,
 authority, division or agency of the state, OR UPON AUTHORIZATION BY THE
 COMMISSION ON PUBLIC OFFICER INVESTIGATION CREATED PURSUANT  TO  SECTION
 63-E OF THIS ARTICLE, investigate the alleged commission of any indicta-
 ble offense or offenses in violation of the law which the officer making
 A. 8391                             3
 
 the  request  is  especially  required  to execute or in relation to any
 matters connected with such department, and [to] prosecute the person or
 persons believed to have committed the same and  any  crime  or  offense
 arising  out of such investigation or prosecution or both, including but
 not limited to appearing before and presenting all  such  matters  to  a
 grand jury.
   §  3.  Subdivision 8 of section 63 of the executive law, as amended by
 chapter 451 of the laws of 1977, is amended to read as follows:
   8. Whenever in his OR HER judgment the public  interest  requires  it,
 the  attorney-general  may,  with the approval of the governor, and when
 directed by the governor OR THE COMMISSION ON  PUBLIC  OFFICER  INVESTI-
 GATION  CREATED PURSUANT TO SECTION 63-E OF THIS ARTICLE, shall, inquire
 into matters concerning the  public  peace,  public  safety  and  public
 justice.  For  such purpose he OR SHE may, in his OR HER discretion, and
 without civil service examination, appoint and employ, and  at  pleasure
 remove,  such  deputies,  officers  and other persons as he OR SHE deems
 necessary, determine their duties and, with the approval of  the  gover-
 nor,  fix  their  compensation.  All  appointments made pursuant to this
 subdivision shall be immediately reported to the governor, and shall not
 be reported to any other state officer or department. Payments of  sala-
 ries  and  compensation of officers and employees and of the expenses of
 the inquiry shall be made out of funds provided by the  legislature  for
 such  purposes,  which  shall be deposited in a bank or trust company in
 the names of the governor and the attorney-general, payable only on  the
 draft  or  check of the attorney-general, countersigned by the governor,
 and such disbursements shall be subject to no audit except by the gover-
 nor and the attorney-general. The attorney-general, his OR  HER  deputy,
 or  other  officer,  designated  by him OR HER, is empowered to subpoena
 witnesses, compel their  attendance,  examine  them  under  oath  before
 himself,  HERSELF  or  a magistrate and require that any books, records,
 documents or papers relevant or material to the inquiry be  turned  over
 to  him  OR  HER  for  inspection, examination or audit, pursuant to the
 civil practice law and rules. If a person subpoenaed to attend upon such
 inquiry fails to obey the  command  of  a  subpoena  without  reasonable
 cause,  or  if  a  person in attendance upon such inquiry shall, without
 reasonable cause, refuse to be sworn or to be examined or  to  answer  a
 question  or  to  produce  a book or paper, when ordered so to do by the
 officer conducting such inquiry, he OR SHE shall be guilty of  a  misde-
 meanor.  It  shall  be  the duty of all public officers, their deputies,
 assistants  and  subordinates,  clerks  and  employees,  and  all  other
 persons, to render and furnish to the attorney-general, his OR HER depu-
 ty  or  other  designated  officer,  when requested, all information and
 assistance in their possession and within their power.  Each  deputy  or
 other officer appointed or designated to conduct such inquiry shall make
 a  weekly  report  in  detail  to  the  attorney-general,  in form to be
 approved by the governor and the attorney-general, which report shall be
 in duplicate, one copy of which shall be forthwith, upon its receipt  by
 the  attorney-general,  transmitted  by  him OR HER to the governor. Any
 officer participating in such inquiry  and  any  person  examined  as  a
 witness  upon  such  inquiry who shall disclose to any person other than
 the governor or the attorney-general the name of any witness examined or
 any information obtained upon such inquiry, except as  directed  by  the
 governor or the attorney-general, shall be guilty of a misdemeanor.
   § 4. This act shall take effect immediately.