Senate Bill S5260A

2021-2022 Legislative Session

Relates to expanding the authority of the attorney general to investigate violations of the public officers law

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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Bill Amendments

co-Sponsors

2021-S5260 - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §63, Exec L
Versions Introduced in 2023-2024 Legislative Session:
S5945

2021-S5260 - Summary

Expands the authority of the attorney general to investigate violations of the public officers law.

2021-S5260 - Sponsor Memo

2021-S5260 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5260
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the executive law, in relation to expanding the authori-
   ty of the attorney general to investigate a crime; and  to  amend  the
   county law, in relation to making conforming amendments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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, [investigate the alleged
 commission of any indictable offense or offenses in violation of the law
 which the officer making the request is especially required  to  execute
 or  in  relation  to any matters connected with such department] OR WHEN
 THE ATTORNEY GENERAL DEEMS IT JUST AND PROPER, INVESTIGATE  THE  ALLEGED
 COMMISSION  OF  ANY CRIMES AND OFFENSES COGNIZABLE BY THE COURTS OF THIS
 STATE, and [to]  WHERE  APPROPRIATE  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;
 PROVIDED  THAT  NOTHING  HEREIN  SHALL  INTERFERE  WITH  THE  ABILITY OF
 DISTRICT ATTORNEYS AT ANY TIME TO RECEIVE  COMPLAINTS,  INVESTIGATE  AND
 PROSECUTE ANY CRIMES AND OFFENSES COGNIZABLE BY THE COURTS OF THE COUNTY
 PURSUANT  TO  ARTICLE TWENTY OF THE CRIMINAL PROCEDURE LAW. THE ATTORNEY
 GENERAL MAY REQUEST AND SHALL  RECEIVE,  FROM  ANY  AGENCY,  DEPARTMENT,
 DIVISION,  BOARD,  BUREAU  OR  COMMISSION OF THE STATE, OR ANY POLITICAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S5260A (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §63, Exec L
Versions Introduced in 2023-2024 Legislative Session:
S5945

2021-S5260A (ACTIVE) - Summary

Expands the authority of the attorney general to investigate violations of the public officers law.

2021-S5260A (ACTIVE) - Sponsor Memo

2021-S5260A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5260--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by  Sens. KAMINSKY, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BRIS-
   PORT, BROOKS, BROUK, COMRIE, COONEY,  GAUGHRAN,  GIANARIS,  GOUNARDES,
   HARCKHAM, HINCHEY, HOYLMAN, JACKSON, KAPLAN, KAVANAGH, KENNEDY, KRUEG-
   ER, LIU, MANNION, MAY, MAYER, MYRIE, PERSAUD, RAMOS, REICHLIN-MELNICK,
   RIVERA,  RYAN,  SALAZAR, SANDERS, SEPULVEDA, SKOUFIS, STAVISKY, THOMAS
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Investigations and Government Operations -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the executive law, in relation to expanding the authori-
   ty of the attorney general to investigate  violations  of  the  public
   officers law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 63 of the executive law is amended by adding a  new
 subdivision 18 to read as follows:
   18.  INVESTIGATE  THE ALLEGED VIOLATION OF ANY PROVISION OF THE PUBLIC
 OFFICERS LAW AND PROSECUTE ANY SUCH PERSON OR PERSONS BELIEVED  TO  HAVE
 COMMITTED  SUCH VIOLATIONS, PROVIDED THAT NOTHING HEREIN SHALL INTERFERE
 WITH  THE  ABILITY  OF  DISTRICT  ATTORNEYS  AT  ANY  TIME  TO   RECEIVE
 COMPLAINTS,  INVESTIGATE  AND  PROSECUTE  ANY  SUCH CRIMES OR VIOLATIONS
 RELATED TO THE PUBLIC OFFICERS LAW. THE ATTORNEY GENERAL MAY REQUEST AND
 SHALL RECEIVE, FROM ANY AGENCY, DEPARTMENT, DIVISION, BOARD,  BUREAU  OR
 COMMISSION  OF  THE STATE, OR ANY POLITICAL SUBDIVISION THEREOF, COOPER-
 ATION AND ASSISTANCE IN THE PERFORMANCE OF HIS OR  HER  DUTIES  AND  MAY
 PROVIDE  ASSISTANCE TO ANY DISTRICT ATTORNEY OR LAW ENFORCEMENT OFFICIAL
 REQUESTING  ASSISTANCE  IN  THE  INVESTIGATION  OR  PROSECUTION  OF  ANY
 VIOLATIONS OF THE PUBLIC OFFICERS LAW.
   §  2.  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10218-02-1
              

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