S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7790
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 10, 2025
                                ___________
 
 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.
                                                            LBD11426-01-5
              

 A. 7790                             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  THEIR  SEPARATION  FROM
 STATE SERVICE OR THEIR 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 THEIR DUTIES UNDER THIS ARTICLE,
 AND, IN  ADDITION  THERETO,  SHALL  BE  REIMBURSED  FOR  ALL  REASONABLE
 EXPENSES  ACTUALLY  AND  NECESSARILY  INCURRED  BY  SUCH  MEMBER  IN THE
 PERFORMANCE OF THEIR 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 THEY SUCCEED.
   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. 7790                             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] THEIR 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] THE ATTORNEY-GENERAL may, in [his] THEIR
 discretion, and without civil service examination, appoint  and  employ,
 and at pleasure remove, such deputies, officers and other persons as [he
 deems]  THEY  DEEM  necessary,  determine  their  duties  and,  with the
 approval of the governor, fix their compensation. All appointments  made
 pursuant to this subdivision shall be immediately reported to the gover-
 nor, and shall not be reported to any other state officer or department.
 Payments  of  salaries 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, counter-
 signed by the governor, and such disbursements shall be  subject  to  no
 audit except by the governor and the attorney-general. The attorney-gen-
 eral,  [his]  THEIR  deputy,  or  other officer, designated by [him] THE
 ATTORNEY-GENERAL, is  empowered  to  subpoena  witnesses,  compel  their
 attendance,  examine  them  under  oath  before  [himself] THEMSELF or a
 magistrate and require that any  books,  records,  documents  or  papers
 relevant  or  material  to  the inquiry be turned over to [him] THEM 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]  SUCH PERSON shall be guilty of a misdemeanor. 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] THEIR deputy 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 attor-
 ney-general, which report shall be in duplicate, one copy of which shall
 be forthwith, upon its receipt by the attorney-general,  transmitted  by
 [him]  THEM  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.