NY State Senate Bill 2021-S4600

Senate Bill S4600

2021-2022 Legislative Session

Establishes the New York state innocence inquiry commission and provides for its powers and duties

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to judiciary
Feb 05, 2021	referred to judiciary

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2021-S4600 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Ren Art 23 §§860 & 861 to be Art 24 §§1000 & 1001, add Art 23 §§900 - 906, Judy L

2021-S4600 (ACTIVE) - Summary

Establishes the state commission for the integrity of the criminal justice system and provides for its powers and duties; such commission shall, upon its own initiative, investigate, hold hearings, and make findings of fact and recommendations on any case in which it is reasonably alleged that a person was wrongfully convicted of an offense in this state.

2021-S4600 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4600

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to creating the New York
state innocence inquiry commission

 
PURPOSE:

To establish a body which would be tasked with investigating and
furthering claims of actual innocence to a judicial panel empowered to
provide another path toward exoneration in New York.

 
SUMMARY OF PROVISIONS:

Section one renumbers article 23 to article 24 and sections 860 and 861
to section 1000 and 1001 of the judiciary law and adds a new article 23
and sections 900-906 of the judiciary law which establishes the New York
State Innocence Inquiry Commission.  Subsection 900 defines the terms of
"commission," "exoneree," and "claimant" in the bill.

Subsection 901 establishes the New York State Innocence Inquiry Commis-
sion and lays out its composition as an independent agency of the state
with appointments by legislative, executive, and judicial leaders. This
section also describes the judicial panel that will be established, how
its members shall be chosen, and what qualifications they must have to
serve.

Subsection 902 defines the purpose of the commission as one which will
review and investigate any criminal case involving a potential wrongful
conviction, and render judgment as to whether sufficient evidence of
innocence exists to warrant judicial review.  Subsection 903 grants the
commission the powers and duties including to establish the determinants
of cases eligible to be heard, maintain records and written reports,
gather evidence, and coordinate investigations. This section also gives
the commission the ability to apply for and accept funds that may become
available for the commission's work from government grants, private
gifts, and donations.

Subsection 904 lays out the selection process for cases the commission
will undertake for review and the procedure following selection. The
commission would review claims of actual innocence which could then be
referred to a judicial panel empowered to hold an evidentiary hearing.
This section also includes provisions for what will occur should find-
ings of misconduct by police, prosecutors, or other governmental offi-
cials be uncovered.  Should the panel then find that the claimant has
proved their innocence by a preponderance of the evidence, they shall
enter a ruling that any or all of the relevant charges be dismissed.
This section dictates that the commission will only consider cases for
review in which the claimants claim factual innocence, which can include
a false confession, admission, or guilty plea.  Subsection 905 creates
the position of commission director and the necessary qualifications for
the position. This section also gives the director the ability to employ
individuals determined by them to be necessary to assist with the func-
tions of the commission.  Subsection 906 dictates that the commission
shall report annually by February 1st of each year on the cases it has
heard and any rulings it has made, as well as recommendations of any

needed legislative changes related to the duties or procedures of the
commission and recommendations of funding needed by the commission.

Section two sets the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:  Recent advances in DNA evidence and research around
non-DNA contributors to wrongful convictions have resulted in the exon-
erations of thousands of factually innocent persons throughout the
nation. From 1989 to January 2021 there have been 2,710 documented exon-
erations and over 24,600 years of the lives of innocent individuals
lost, with 284 of these cases from the state of New York alone. Of the
many examples of persons wrongly convicted of serious criminal charges
are the notable "Exonerated Five" from the Central Park Jogger case in
New York City, in which five young men served approximately seven years
each for the assault and rape of a woman that none of them actually
committed. New York's Court of Claims has in recent years awarded
substantial monetary judgments to persons whose convictions were over-
turned and who were determined by the Court of Claims to be innocent of
the crimes.

The commission proposed by this bill will be empowered to first investi-
gate and then hold an evidentiary hearing to determine whether cases of
actual innocence that have been brought to their attention will be
referred to a judicial panel. The judicial panel will then host their
own evidentiary hearing to determine whether by a preponderance of the
evidence that the applicant is actually innocent of the crime and wheth-
er their charges should be vacated.

New York would be the second state in the nation to implement such a
commission, after North Carolina established their own by statute in
2006. Since its inception, North Carolina's Commission has received
nearly 3,000 claims and produced 15 exonerations. To create a similar
body in our state would give those who are innocent and have been wrong-
fully convicted in New York another avenue by which they can have their
charges dropped and return home where they belong.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

TBD.

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law, provided that the officials who are empowered by this act
to appoint members of the New York state innocence inquiry commission
are authorized and directed to make such appointments on or before such
effective date pursuant to section 901 of the judiciary law, as added by
section one of this act.

2021-S4600 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4600
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sens.  GIANARIS,  BENJAMIN,  FELDER, GOUNARDES, HOYLMAN,
   JACKSON, SALAZAR -- read twice and ordered printed, and  when  printed
   to be committed to the Committee on Judiciary
 
 AN  ACT to amend the judiciary law, in relation to creating the New York
   state innocence inquiry commission

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Article 23 and sections 860 and 861 of the judiciary law,
 as renumbered by chapter 840 of the laws of 1983, are renumbered article
 24 and sections 1000 and 1001 and a new article 23 is added to  read  as
 follows:
                                ARTICLE 23
                NEW YORK STATE INNOCENCE INQUIRY COMMISSION
 SECTION 900. DEFINITIONS.
         901. NEW YORK STATE INNOCENCE INQUIRY COMMISSION.
         902. PURPOSE OF THE COMMISSION.
         903. POWERS AND DUTIES.
         904. PROCEDURE.
         905. COMMISSION STAFF.
         906. REPORTS.
   § 900. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "COMMISSION"  SHALL  MEAN  THE  NEW  YORK  STATE INNOCENCE INQUIRY
 COMMISSION ESTABLISHED PURSUANT TO SECTION  NINE  HUNDRED  ONE  OF  THIS
 ARTICLE.
   2.  "EXONEREE"  SHALL MEAN ANY INDIVIDUAL WHO HAS BEEN GRANTED A JUDG-
 MENT IN A CLAIM FOR UNJUST CONVICTION AND IMPRISONMENT.
   3. "CLAIMANT" SHALL MEAN AN INDIVIDUAL CONVICTED OR WHO HAS PLED GUIL-
 TY TO A CRIME FOR WHICH HE OR SHE BELIEVES THEMSELVES  TO  BE  FACTUALLY
 INNOCENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06612-03-1

 S. 4600                             2
 
   §  901.  NEW  YORK STATE INNOCENCE INQUIRY COMMISSION. 1. THE NEW YORK
 STATE INNOCENCE INQUIRY COMMISSION IS HEREBY ESTABLISHED AS AN INDEPEND-
 ENT AGENCY OF THE STATE. THE COMMISSION SHALL CONSIST OF NINE MEMBERS AS
 FOLLOWS:
   (A)  TWO MEMBERS APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS,
 OF WHOM:
   (I) ONE SHALL BE A CURRENT SUPREME COURT JUSTICE  FROM  THE  FIRST  OR
 SECOND JUDICIAL DEPARTMENT;
   (II)  ONE  SHALL  BE A CURRENT SUPREME COURT JUSTICE FROM THE THIRD OR
 FOURTH JUDICIAL DEPARTMENT;
   (B) TWO MEMBERS APPOINTED BY THE ATTORNEY GENERAL, OF WHOM:
   (I) ONE SHALL BE AN ATTORNEY WITH AT LEAST FIVE YEARS OF PROSECUTORIAL
 EXPERIENCE, REGARDLESS OF WHETHER THEY ARE CURRENTLY PRACTICING;
   (II) ONE SHALL BE AN ATTORNEY WITH AT LEAST  FIVE  YEARS  OF  CRIMINAL
 DEFENSE EXPERIENCE, REGARDLESS OF WHETHER THEY ARE CURRENTLY PRACTICING;
   (C)  ONE  MEMBER  APPOINTED  BY THE GOVERNOR, IN CONSULTATION WITH THE
 COMMUNITY OF WRONGFUL CONVICTION PRACTITIONERS IN THE STATE,  WHO  SHALL
 BE AN EXONEREE;
   (D) ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY WHO SHALL BE A
 MEMBER OF THE PUBLIC-AT-LARGE;
   (E)  ONE  MEMBER  APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY WHO
 SHALL BE A MEMBER OF THE PUBLIC-AT-LARGE;
   (F) ONE MEMBER APPOINTED BY THE MINORITY LEADER  OF  THE  SENATE,  WHO
 SHALL  BE A PROFESSOR OF LAW OR A PROFESSOR OF A FIELD RELATED TO WRONG-
 FUL CONVICTIONS INCLUDING, BUT NOT LIMITED TO CRIMINAL JUSTICE, PSYCHOL-
 OGY, AND SOCIOLOGY, OR A RETIRED FULL-TIME PROFESSOR OF LAW OR A PROFES-
 SOR OF A FIELD  RELATED  TO  WRONGFUL  CONVICTIONS  INCLUDING,  BUT  NOT
 LIMITED  TO  CRIMINAL JUSTICE, PSYCHOLOGY, AND SOCIOLOGY, WHO HAS TAUGHT
 LAW SCHOOL OR GRADUATE LEVEL  COURSES  AT  AN  ACCREDITED  POST-GRADUATE
 COLLEGE IN NEW YORK STATE; AND
   (G)  ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE WHO
 SHALL BE AN EXPERT IN THE FIELD OF FORENSIC SCIENCE.
   2. (A) THE MEMBER APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS
 FROM THE FIRST OR SECOND JUDICIAL DEPARTMENT SHALL SERVE AN INITIAL TERM
 OF ONE YEAR AND THE MEMBER APPOINTED BY THE CHIEF JUDGE OF THE COURT  OF
 APPEALS  FROM  THE  THIRD  OR  FOURTH JUDICIAL DEPARTMENT SHALL SERVE AN
 INITIAL TERM OF TWO YEARS. EACH MEMBER APPOINTED BY THE CHIEF  JUDGE  OF
 THE  COURT  OF  APPEALS  SHALL ONLY SERVE SO LONG AS THEY HOLD OFFICE IN
 THEIR RESPECTIVE JUDICIAL DEPARTMENTS.
   (B) THE MEMBER APPOINTED BY THE ATTORNEY  GENERAL  WITH  PROSECUTORIAL
 EXPERIENCE  SHALL  SERVE  AN  INITIAL TERM OF THREE YEARS AND THE MEMBER
 APPOINTED BY THE ATTORNEY GENERAL WITH DEFENSE EXPERIENCE SHALL SERVE AN
 INITIAL TERM OF FOUR YEARS.
   (C) THE MEMBERS APPOINTED BY THE GOVERNOR AND SPEAKER OF THE  ASSEMBLY
 SHALL  SERVE  AN INITIAL TERM OF FOUR YEARS. THE MEMBER APPOINTED BY THE
 MINORITY LEADER OF THE ASSEMBLY SHALL SERVE AN  INITIAL  TERM  OF  THREE
 YEARS.  THE  MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE SHALL
 SERVE AN INITIAL TERM OF TWO YEARS. THE MEMBER APPOINTED BY  THE  TEMPO-
 RARY PRESIDENT OF THE SENATE SHALL SERVE AN INITIAL TERM OF ONE YEAR.
   (D)  EACH  OF THE MEMBERS OF THE COMMISSION APPOINTED THEREAFTER SHALL
 SERVE A TERM OF FIVE YEARS. EVERY VACANCY OCCURRING PRIOR TO THE EXPIRA-
 TION OF A MEMBER'S TERM SHALL BE FILLED FOR THE REMAINDER OF  SUCH  TERM
 IN  THE MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT TO SUCH TERM.  UPON
 THE EXPIRATION OF THE TERM OF A MEMBER OF THE  COMMISSION,  SUCH  MEMBER
 SHALL CONTINUE TO SERVE UNTIL HIS OR HER SUCCESSOR IS APPOINTED.

 S. 4600                             3
 
   (E)  ANY  MEMBER  OF  THE  COMMISSION WHO HAS ANY CONNECTION TO A CASE
 BROUGHT IN FRONT OF THE COMMISSION SHALL RECUSE THEMSELVES, AND IT  WILL
 BE  THE RESPONSIBILITY OF THE COMMISSION DIRECTOR TO SELECT AN ALTERNATE
 WHO SHALL SERVICE IN THEIR PLACE FOR THE DURATION OF SUCH CASE.
   (F)  EACH MEMBER OF THE COMMISSION SHALL SERVE WITHOUT SALARY OR OTHER
 COMPENSATION, BUT SHALL BE ENTITLED  TO  RECEIVE  ACTUAL  AND  NECESSARY
 EXPENSES INCURRED IN THE DISCHARGE OF HIS OR HER DUTIES.
   (G)  APPOINTING  AUTHORITIES  SHALL  CONSIDER  GEOGRAPHICAL  LOCATION,
 GENDER AND RACIAL DIVERSITY WHEN MAKING APPOINTMENTS TO THE COMMISSION.
   (H) APPOINTING AUTHORITIES SHALL, BEFORE MAKING APPOINTMENTS OF  JUDI-
 CIAL  OR  PROSECUTORIAL  MEMBERS TO THE COMMISSION, EVALUATE AND CONDUCT
 ALL NECESSARY INQUIRIES TO DETERMINE THAT AN INDIVIDUAL BEING CONSIDERED
 FOR THE COMMISSION IS  QUALIFIED  TO  PARTICIPATE,  AND  SHALL  EVALUATE
 FACTORS WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CHARACTER, TRAINING,
 EXPERIENCE,  TEMPERAMENT,  REPUTATION,  AND  COMMITMENT TO EQUAL JUSTICE
 UNDER THE LAW.
   (I) THE COMMISSION SHALL ELECT A CHAIR FROM AMONGST ITS MEMBERS  BY  A
 MAJORITY  VOTE  OF THE MEMBERS THEREOF, AND SUCH CHAIR SHALL BE REPLACED
 WHEN THEIR TERM EXPIRES. THE CHAIR OF  THE  COMMISSION  SHALL  HAVE  THE
 AUTHORITY TO REMOVE MEMBERS FROM THE COMMISSION, WITH CAUSE AND A MAJOR-
 ITY VOTE OF THE MEMBERS.
   (J) THE COMMISSION SHALL MEET AT LEAST ONCE EVERY QUARTER, AND AT SUCH
 OTHER  TIMES AS THE CHAIR OF THE COMMISSION SHALL DETERMINE TO BE NECES-
 SARY. ALL COMMISSION MEETINGS SHALL BE PUBLIC UNLESS OTHERWISE NOTED.
   3. THERE SHALL BE A JUDICIAL PANEL ESTABLISHED AND MADE  UP  OF  THREE
 SUPREME  COURT JUSTICES.   THE CHIEF JUDGE OF THE COURT OF APPEALS SHALL
 HAVE THE POWER AND DUTY TO ESTABLISH A LIST  OF  PERSONS  WHO  SHALL  BE
 ELIGIBLE  TO  BE  APPOINTED  AS MEMBERS OF THE JUDICIAL PANEL. SUCH LIST
 SHALL HEREINAFTER BE REFERRED TO IN THIS ARTICLE AS THE "JUDICIAL  NOMI-
 NATIONS  POOL."  BEFORE  ADMISSION TO THE JUDICIAL NOMINATIONS POOL, THE
 CHIEF JUDGE OF THE COURT OF  APPEALS  SHALL  EVALUATE  AND  CONDUCT  ALL
 NECESSARY  INQUIRIES  TO DETERMINE THAT AN INDIVIDUAL WHO HAS BEEN NOMI-
 NATED FOR THE JUDICIAL PANEL IS  QUALIFIED  TO  PARTICIPATE,  AND  SHALL
 EVALUATE  FACTORS WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CHARACTER,
 TRAINING, EXPERIENCE, TEMPERAMENT AND COMMITMENT TO EQUAL JUSTICE  UNDER
 THE  LAW.  THE  CHIEF  JUDGE OF THE COURT OF APPEALS SHALL ALSO CONSIDER
 GEOGRAPHICAL LOCATION, GENDER, AND RACIAL DIVERSITY WHEN ASSEMBLING  THE
 JUDICIAL NOMINATIONS POOL.
   §  902.  PURPOSE  OF  THE  COMMISSION. THE COMMISSION SHALL REVIEW AND
 INVESTIGATE ANY CRIMINAL OR JUVENILE CASE INVOLVING A POTENTIAL WRONGFUL
 CONVICTION AND RENDER JUDGMENT  IN  EACH  CASE  THAT  COMES  BEFORE  THE
 COMMISSION  AS  TO WHETHER SUFFICIENT EVIDENCE OF INNOCENCE EXISTS WHICH
 WOULD MERIT JUDICIAL REVIEW.
   § 903. POWERS AND DUTIES. THE COMMISSION SHALL  HAVE  THE  POWERS  AND
 DUTIES TO:
   1. ESTABLISH THE CRITERIA AND SCREENING PROCESS TO BE USED WHEN DETER-
 MINING WHICH CASES THE COMMISSION SHALL HEAR;
   2.  COORDINATE  THE  INVESTIGATION OF CASES THE COMMISSION ACCEPTS FOR
 REVIEW;
   3. MAINTAIN RECORDS FOR ALL CASE INVESTIGATIONS;
   4. PREPARE WRITTEN REPORTS  OUTLINING  COMMISSION  INVESTIGATIONS  AND
 RECOMMENDATIONS  TO  THE  TRIAL COURT WHICH HEARD THE CASE ORIGINALLY AT
 THE COMPLETION OF EACH INVESTIGATION;
   5. APPLY FOR AND ACCEPT  FUNDS  THAT  MAY  BECOME  AVAILABLE  FOR  THE
 COMMISSION'S  WORK  FROM  GOVERNMENT GRANTS, PRIVATE GIFTS, DONATIONS OR
 ANY OTHER SOURCE;

 S. 4600                             4
 
   6. CONDUCT HEARINGS TO DETERMINE POTENTIAL INNOCENCE;
   7. ADMINISTER OATHS AND AFFIRMATIONS;
   8. GATHER EVIDENCE IN EACH INVESTIGATION AS NECESSARY;
   9. COMPEL WITNESS TESTIMONY, WHICH INCLUDES EXAMINATION UNDER OATH AND
 THE POWER TO SUBPOENA WITNESSES;
   10. GRANT IMMUNITY AS THE COMMISSION SEES NECESSARY;
   11. REQUEST DISCOVERY RELATED TO A PARTICULAR CASE, WHICH INCLUDES THE
 PRODUCTION  OF  ANY  BOOKS,  RECORDS, DOCUMENTS OR OTHER EVIDENCE IT MAY
 DEEM RELEVANT OR MATERIAL TO A PARTICULAR INVESTIGATION; AND
   12. SUBJECT PHYSICAL EVIDENCE TO FORENSIC AND DNA TESTING.
   § 904. PROCEDURE. 1. THE  COMMISSION'S  DIRECTOR  SHALL  SELECT  WHICH
 CASES  THE COMMISSION WILL UNDERTAKE FOR REVIEW. THE COMMISSION DIRECTOR
 MAY DELEGATE THIS TASK.
   (A) THE COMMISSION SHALL ONLY CONSIDER CASES FOR REVIEW IN  WHICH  THE
 CLAIMANTS  CLAIM FACTUAL INNOCENCE IN THAT THEY WERE NOT INVOLVED IN THE
 CRIME OR CRIMES FOR WHICH THEY WERE CONVICTED FOR  OR  PLED  GUILTY  TO.
 CASES  INCLUDING,  BUT NOT LIMITED TO, FALSE CONFESSIONS, ADMISSIONS, OR
 GUILTY PLEAS SHALL BE ELIGIBLE FOR REVIEW.
   (B) CLAIMS OF INNOCENCE MAY BE SUBMITTED TO THE COMMISSION BY:
   (I) A CLAIMANT;
   (II) A CLAIMANT'S ATTORNEY;
   (III) AN INNOCENCE ORGANIZATION, IF A CLAIMANT IS BEING REPRESENTED BY
 ONE;
   (IV) ANY COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW YORK; OR
   (V) ANY STATE OR LOCAL AGENCY.
   2. (A) ONCE A CASE IS CHOSEN FOR REVIEW BY THE COMMISSION, THE COMMIS-
 SION SHALL THEN BEGIN A FORMAL INQUIRY.
   (B) IF A CO-DEFENDANT SHALL HAVE ALSO BEEN CONVICTED AS PART OF A CASE
 BEING REVIEWED, NOTIFICATION TO SUCH CO-DEFENDANT  THAT  THE  COMMISSION
 HAS  TAKEN  SUCH CASE UNDER REVIEW SHALL BE MADE WITHIN THIRTY DAYS FROM
 THE TIME THAT THE COMMISSION AGREES TO REVIEW SUCH CASE.
   (C) THE COMMISSION SHALL PROVIDE A CONFIDENTIAL  CASE  UPDATE  TO  THE
 PROSECUTING  ATTORNEY  AND  THE CLAIMANT AND HIS OR HER ATTORNEY NO LESS
 THAN ONCE EVERY SIX MONTHS THROUGHOUT  THE  REVIEW  PROCESS.  SUCH  CASE
 UPDATE SHALL INCLUDE, BUT NOT BE LIMITED TO, A SUMMARY OF ACTION AND ANY
 FORENSIC TESTING PERFORMED.
   (D)  ALL  CHALLENGES  WITH REGARD TO THE COMMISSION'S AUTHORITY OR THE
 COMMISSION'S ACCESS TO EVIDENCE SHALL BE HEARD BY  ONE  OF  THE  CURRENT
 SUPREME  COURT  JUSTICES  SERVING  ON  THE  COMMISSION IN THEIR JUDICIAL
 CAPACITIES. SUCH JUSTICES SHALL ALTERNATE IN HEARING SUCH CHALLENGES.
   3. (A) THE COMMISSION SHALL THEN CONDUCT  AN  EVIDENTIARY  HEARING  TO
 DETERMINE  IF THERE IS SUFFICIENT EVIDENCE OF FACTUAL INNOCENCE TO MERIT
 JUDICIAL REVIEW IN FRONT OF THE JUDICIAL PANEL  ESTABLISHED  UNDER  THIS
 SECTION.  EVERY  MEMBER OF THE COMMISSION SHALL PARTICIPATE IN A VOTE TO
 DECIDE WHETHER SUCH FACTUAL INNOCENCE TO MERIT JUDICIAL  REVIEW  EXISTS.
 THIS  VOTE  SHALL  OCCUR IMMEDIATELY UPON CONCLUSION OF THE COMMISSION'S
 EVIDENTIARY HEARING.
   (B)(I) ALL PROCEEDINGS OF THE COMMISSION SHALL BE RECORDED  AND  TRAN-
 SCRIBED  AS  PART  OF  THE  OFFICIAL  RECORD  OF THE PROCEEDINGS AND ALL
 COMMISSION MEMBER VOTES SHALL BE INCLUDED IN SUCH RECORD.
   (II) THE SUPPORTING RECORDS FOR THE COMMISSION'S CONCLUSIONS,  INCLUD-
 ING,  BUT  NOT  LIMITED  TO,  ALL  FILES AND MATERIALS CONSIDERED BY THE
 COMMISSION IN MAKING A DECISION AND A FULL  TRANSCRIPT  OF  THE  HEARING
 BEFORE  THE  COMMISSION, SHALL BECOME PUBLIC WHEN FILED WITH THE SUPREME
 COURT IN THE JURISDICTION WHERE THE CRIME IN QUESTION OCCURRED,  REGARD-

 S. 4600                             5
 
 LESS  OF  A  FINDING  OF  SUFFICIENT OR INSUFFICIENT EVIDENCE OF FACTUAL
 INNOCENCE TO WARRANT A HEARING BY THE JUDICIAL PANEL.
   (C)  (I)  UPON THE FINDING OF SUFFICIENT EVIDENCE BY THE COMMISSION OF
 MISCONDUCT COMMITTED BY POLICE, PROSECUTORS OR  OTHER  GOVERNMENT  OFFI-
 CIALS  THAT WERE INVOLVED IN THE GUILTY CONVICTION OF AN INDIVIDUAL, THE
 CHAIR OF THE COMMISSION SHALL REQUEST THE ATTORNEY GENERAL TO APPOINT  A
 SPECIAL PROSECUTOR TO REPRESENT THE STATE IN LIEU OF THE DISTRICT ATTOR-
 NEY  APPOINTED  IN  THE  DISTRICT  WHERE THE CONVICTION OCCURRED OR SUCH
 DISTRICT ATTORNEY'S DESIGNEE. SUCH REQUEST SHALL BE  MADE  WITHIN  SEVEN
 DAYS OF THE DETERMINATION BY THE COMMISSION THAT MISCONDUCT HAS OCCURRED
 IN A PARTICULAR CASE.
   (II)  THE  ATTORNEY  GENERAL SHALL NOT APPOINT AS A SPECIAL PROSECUTOR
 ANY ATTORNEY WHO HAS PROSECUTED OR ASSISTED WITH THE PROSECUTION IN  THE
 TRIAL  OF  A CLAIMANT WHOSE CASE IS BEFORE THE COMMISSION FOR REVIEW, OR
 IS A PROSECUTING ATTORNEY IN THE DISTRICT WHERE THE CLAIMANT'S CASE  WAS
 TRIED.
   (III)  NOTICE  OF  A  DETERMINATION  THAT MISCONDUCT HAS OCCURRED IN A
 PARTICULAR CASE SHALL BE PROVIDED TO ANY OTHER DEFENDANT OR CO-DEFENDANT
 WHEN THE OFFICIAL FOUND TO HAVE COMMITTED SUCH MISCONDUCT  WAS  INVOLVED
 IN SUCH OTHER DEFENDANT OR CO-DEFENDANT'S CASE WITHIN THIRTY DAYS OF THE
 DETERMINATION.
   (D)   EVIDENCE  OF  CRIMINAL  ACTS,  MISCONDUCT  OR  OTHER  WRONGDOING
 DISCLOSED THROUGH FORMAL INQUIRY  OR  COMMISSION  PROCEEDINGS  SHALL  BE
 REFERRED  TO THE APPROPRIATE AUTHORITY INCLUDING, IN CASES OF PROSECUTO-
 RIAL MISCONDUCT, REFERRALS TO THE COMMISSION ON  PROSECUTORIAL  CONDUCT.
 EVIDENCE  FAVORABLE  TO  A  CLAIMANT DISCLOSED THROUGH FORMAL INQUIRY OF
 COMMISSION PROCEEDINGS SHALL BE DISCLOSED  TO  SUCH  CLAIMANT  AND  SUCH
 CLAIMANT'S COUNSEL, WHERE APPLICABLE.
   (E)  THE  COMMISSION'S  VOTE  TO  DETERMINE  IF SUFFICIENT EVIDENCE OF
 FACTUAL INNOCENCE TO MERIT JUDICIAL REVIEW EXISTS MAY BE BYPASSED IF THE
 ACTING PROSECUTOR AND  CLAIMANT  OR  THEIR  COUNSEL  AGREE  THAT  ENOUGH
 EVIDENCE EXISTS TO GO DIRECTLY IN FRONT OF THE JUDICIAL PANEL.
   4.  (A)  IF  THE  COMMISSION DETERMINES BY A MAJORITY VOTE THAT A CASE
 MERITS REVIEW, IT SHALL BE SENT BEFORE THE  JUDICIAL  PANEL  ESTABLISHED
 PURSUANT  TO SUBDIVISION THREE OF SECTION NINE HUNDRED ONE OF THIS ARTI-
 CLE FOR FURTHER CONSIDERATION.
   (B) (I) THE CHAIR OF THE COMMISSION SHALL IMMEDIATELY REQUEST THAT THE
 CHIEF JUDGE OF THE COURT OF APPEALS COMMISSION MEMBERS OF  THE  JUDICIAL
 PANEL TO CONVENE A SPECIAL SESSION OF THE COURT OF ORIGINAL JURISDICTION
 IN  THE  CASE  INVOLVED,  TO  HEAR EVIDENCE RELEVANT TO THE COMMISSION'S
 RECOMMENDATION THAT SUCH CASE MERITS REVIEW.
   (II) THE CHIEF JUDGE OF THE  COURT  OF  APPEALS  SHALL  APPOINT  THREE
 SUPREME COURT JUSTICES WHO SHALL COMPRISE SUCH JUDICIAL PANEL WITHIN TEN
 DAYS  AFTER  AN  OPINION  IS  RENDERED BY THE COMMISSION THAT SUFFICIENT
 EVIDENCE OF FACTUAL INNOCENCE TO MERIT JUDICIAL REVIEW EXISTS.
   (III) THE JUSTICE THAT HAS SERVED THE LONGEST IN  THE  CAPACITY  AS  A
 SUPREME COURT JUSTICE SHALL PRESIDE OVER SUCH SPECIAL SESSION.
   (IV)  ONCE  THE  JUDICIAL  PANEL  HAS  BEEN ESTABLISHED, THE PRESIDING
 JUSTICE SHALL ENTER AN ORDER SETTING THE CASE FOR HEARING AT  A  SPECIAL
 SESSION  OF  THE  SUPREME  COURT FOR WHICH THE JUDICIAL PANEL IS COMMIS-
 SIONED AND SHALL REQUIRE THE PROSECUTING ATTORNEY TO FILE A RESPONSE  TO
 THE  COMMISSION'S  OPINION WITHIN THIRTY DAYS OF THE DATE OF SUCH ORDER.
 SUCH RESPONSE BY THE PROSECUTOR, AT THE TIME OF THE ORIGINAL  FILING  OR
 THROUGH  AMENDMENT AT ANY TIME BEFORE OR DURING PROCEEDINGS, MAY INCLUDE
 JOINING THE DEFENSE IN A MOTION TO DISMISS THE CHARGES WITH PREJUDICE ON

 S. 4600                             6
 
 THE BASIS OF INNOCENCE. THE SPECIAL SESSION HEARING  SHALL  COMMENCE  NO
 LATER THAN FORTY-FIVE DAYS FROM THE ORDER FOR SUCH HEARING.
   5.  (A)  THE  JUDICIAL PANEL SHALL RULE AS TO WHETHER A CLAIMANT WHOSE
 CASE IS BEING REVIEWED HAS PROVED BY A  PREPONDERANCE  OF  THE  EVIDENCE
 THAT  SUCH  CLAIMANT IS INNOCENT OF THE CHARGES BROUGHT AGAINST THEM. IF
 THERE IS A MAJORITY VOTE BY THE JUDICIAL PANEL THAT THE  STANDARD  OF  A
 PREPONDERANCE  OF  THE  EVIDENCE  HAS  BEEN MET, THE PANEL SHALL ENTER A
 RULING THAT ANY OR ALL OF THE CHARGES SHALL BE DISMISSED. IF A  MAJORITY
 VOTE  HAS  NOT  BEEN MET, THE PANEL SHALL DENY RELIEF AND ANY DISSENTING
 OPINIONS SHALL BE PUBLISHED. ANY RULING BY THE PANEL SHALL BE  PUBLISHED
 WITHIN SEVEN DAYS OF THE HEARING'S CONCLUSION.
   (B)  (I)  THE  JUDICIAL PANEL SHALL CONDUCT AN EVIDENTIARY HEARING, AT
 WHICH TIME THE COURT, PROSECUTION AND DEFENSE MAY COMPEL  THE  TESTIMONY
 OF WITNESSES, INCLUDING THE CLAIMANT. ALL EVIDENCE RELEVANT TO THE CASE,
 EVEN  IF  PREVIOUSLY CONSIDERED BY A JURY OR JUDGE IN A PRIOR PROCEEDING
 MAY BE PRESENTED DURING SUCH HEARING, INCLUDING,  BUT  NOT  LIMITED  TO,
 PRIOR  INCIDENTS  OF MISCONDUCT BY AN OFFICIAL WHO WAS OR IS INVOLVED IN
 SUCH CASE. A CLAIMANT WHOSE CASE IS BEING REVIEWED SHALL HAVE THE  RIGHT
 TO  BE PRESENT AT THE EVIDENTIARY HEARING AND TO BE REPRESENTED BY COUN-
 SEL AT SUCH HEARING. IF A CLAIMANT CHOOSES TO WAIVE THEIR  RIGHT  TO  BE
 PRESENT  AT  SUCH  HEARING,  SUCH WAIVER SHALL BE MADE IN WRITING TO THE
 JUDICIAL PANEL.
   (II) LEGAL REPRESENTATION AND SERVICES SHALL BE PROVIDED  TO  INDIGENT
 INDIVIDUALS  IF APPLICABLE, AND THE REQUEST FOR SUCH SHALL BE ENTERED BY
 THE PRESIDING JUSTICE.
   (C) IF A CLAIMANT HAS BEEN DETERMINED TO BE INNOCENT AND AN  ORDER  TO
 DISMISS  ALL OR ANY CHARGES AGAINST THEM HAS BEEN ORDERED, SUCH CLAIMANT
 SHALL BE ELIGIBLE FOR COMPENSATION PURSUANT TO SECTION  EIGHT-B  OF  THE
 COURT OF CLAIMS ACT.
   (D)  THE  DECISIONS  OF THE COMMISSION AND THE JUDICIAL PANEL SHALL BE
 FINAL AND SHALL NOT BE SUBJECT TO  FURTHER  REVIEW  BY  APPEAL,  CERTIF-
 ICATION, WRIT, MOTION OR OTHERWISE.
   (E) A CLAIM OF FACTUAL INNOCENCE PRESENTED TO THE COMMISSION SHALL NOT
 ADVERSELY AFFECT A CLAIMANT'S RIGHTS TO OTHER POST-CONVICTION RELIEF.
   § 905. COMMISSION STAFF. 1. THE COMMISSION SHALL EMPLOY A DIRECTOR WHO
 SHALL  BE  A  LICENSED  ATTORNEY WITH COURTROOM EXPERIENCE, SPECIFICALLY
 CRIMINAL EXPERIENCE, IN THE STATE OF NEW YORK.
   2. THE DIRECTOR SHALL EMPLOY INDIVIDUALS AND VOLUNTEERS AS HE  OR  SHE
 DEEMS NECESSARY TO CREATE A STAFF TO ASSIST WITH THE FUNCTIONS AND OPER-
 ATIONS OF THE COMMISSION.
   § 906. REPORTS. THE COMMISSION SHALL REPORT ANNUALLY BY FEBRUARY FIRST
 OF  EACH  YEAR  ON THE CASES IT HAS HEARD AND ANY RULINGS IT HAS MADE IN
 RELATION TO SUCH  CASES  TO  THE  APPOINTING  AUTHORITIES  DESCRIBED  IN
 SECTION  NINE  HUNDRED  ONE OF THIS ARTICLE. THE REPORT MAY INCLUDE, BUT
 NOT BE LIMITED TO, RECOMMENDATIONS OF  ANY  NEEDED  LEGISLATIVE  CHANGES
 RELATED  TO  THE  DUTIES OR PROCEDURES OF THE COMMISSION AND RECOMMENDA-
 TIONS OF FUNDING NEEDED BY THE COMMISSION IN ORDER TO MEET THEIR DUTIES.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law, provided that the officials who are empowered by this
 act  to  appoint members of the New York state innocence inquiry commis-
 sion are authorized and directed to make such appointments on or  before
 such  effective  date  pursuant  to section 901 of the judiciary law, as
 added by section one of this act.

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