Bill Text: NY A10002 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the law enforcement misconduct investigative office.
Spectrum: Partisan Bill (Democrat 45-0)
Status: (Passed) 2020-06-16 - SIGNED CHAP.104 [A10002 Detail]
Download: New_York-2019-A10002-Introduced.html
Bill Title: Creates the law enforcement misconduct investigative office.
Spectrum: Partisan Bill (Democrat 45-0)
Status: (Passed) 2020-06-16 - SIGNED CHAP.104 [A10002 Detail]
Download: New_York-2019-A10002-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10002 IN ASSEMBLY March 4, 2020 ___________ Introduced by M. of A. TAYLOR -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to establishing the office of the law enforcement inspector general; and making an appro- priation therefor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new article 11-A 2 to read as follows: 3 ARTICLE 11-A 4 OFFICE OF THE LAW ENFORCEMENT INSPECTOR GENERAL 5 Section 233. Definitions. 6 234. Establishment and organization. 7 235. Jurisdiction. 8 236. Powers and duties. 9 237. Annual reports. 10 238. Disclosure of information. 11 § 233. Definitions. For purposes of this article, the following terms 12 shall have the following meanings: 13 1. "Inspector" shall mean the law enforcement inspector general 14 created by this article. 15 2. "Intelligence operations" shall mean the variety of intelligence 16 and counterintelligence tasks that are carried out by law enforcement 17 and intelligence agencies, which shall include but not be limited to 18 analysis and production; collection; dissemination and integration; 19 evaluation and feedback; planning and direction; and processing and 20 exploitation of information collected from targeted individuals or 21 groups. 22 3. "Intelligence agencies" shall mean any government agencies respon- 23 sible for the collection, analysis or exploitation of information and 24 intelligence in support of law enforcement, national security, defense 25 and homeland security objectives. 26 4. "Law enforcement agencies" shall mean any organizational units, or 27 subunits, of the federal, state, county or municipal government with the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09532-01-9A. 10002 2 1 principle functions of prevention, detection, and investigation of crime 2 and the apprehension of alleged offenders. 3 § 234. Establishment and organization. 1. There is hereby established 4 the office of the law enforcement inspector general in the executive 5 department. The head of the office shall be the inspector who shall be 6 appointed by the governor, by and with the advise and consent of the 7 senate. 8 2. The inspector shall hold office for a term of five years. 9 3. The inspector shall report directly to the governor. 10 4. Such person appointed as inspector shall, upon his or her appoint- 11 ment, have not less than ten years professional experience in areas of 12 law enforcement and law enforcement training, provided the experience 13 involves expertise in intelligence operations. 14 5. Such person appointed as inspector shall be subject to a security 15 clearance investigation by a federal government agency authorized to 16 perform such investigations. 17 6. The salary of the inspector shall not exceed the salary of certain 18 state officers as defined in section one hundred sixty-nine of this 19 chapter. 20 § 235. Jurisdiction. This article shall, subject to the limitations 21 contained herein, confer upon the office of the law enforcement inspec- 22 tor general jurisdiction over all covered agencies. For the purposes of 23 this article "covered agency" shall include all state and local govern- 24 ment law enforcement and intelligence agencies, including the division 25 of homeland security and emergency services, engaged in intelligence 26 operations. 27 § 236. Powers and duties. 1. General. (a) The inspector shall make 28 any investigation of the covered agencies directed by the governor, or 29 the senate and the assembly acting by joint resolution. 30 (b) The inspector is authorized and empowered to make any study or 31 investigation of the covered agencies that in his or her opinion may be 32 in the best interests of the state, including but not limited to inves- 33 tigations of the affairs, functions, accounts, methods, personnel or 34 efficiency of any covered agency, or whether such covered agency or 35 agencies are acting in compliance with all applicable federal, state or 36 local laws, regulations or rules, or local ordinances. 37 (c) For any investigation made pursuant to this section, the inspector 38 shall prepare a written report or statement of findings and shall 39 forward a copy of such report or statement to the requesting party, if 40 any. In the event that the matter investigated involves or may involve 41 allegations of criminal conduct, or conduct that violates any or all 42 applicable federal, state or local laws, regulations, rules or local 43 ordinances, the inspector, upon completion of the investigation, shall 44 also forward a copy of his or her written report or statement of find- 45 ings to the governor, and to the attorney general of New York state or 46 appropriate prosecuting attorney, or, in the event the matter investi- 47 gated involves or may involve a conflict of interest or unethical 48 conduct, as such are defined in the public officers law and all applica- 49 ble local municipal codes of ethics, to the board of ethics of the 50 appropriate political entity or subdivision. 51 (d) The jurisdiction of the inspector shall extend to any covered 52 agency, officer, or employee of such agencies, or any person or entity 53 doing business with such agencies, or any person or entity who is paid 54 or receives money from or through the covered agencies. 55 (e) The inspector may appoint three deputies, either of whom may, 56 subject to the direction of the inspector, conduct or preside at anyA. 10002 3 1 investigations authorized by this chapter. The inspector may also 2 appoint such directors, assistants and other officers and employees as 3 may be needed for the performance of his or her duties and may prescribe 4 their duties and fix their compensation with the amounts appropriated 5 therefor. 6 2. Investigations. (a)(i) For the purpose of ascertaining facts in 7 connection with any study or investigation authorized by this chapter, 8 the inspector and each deputy shall have full power to compel the 9 attendance of witnesses, including but not limited to the power to issue 10 subpoenas and subpoenas duces tecum, to administer oaths and to examine 11 such persons as he or she may deem necessary. 12 (ii) The inspector shall have the power to require the production of 13 any books and papers deemed relevant or material to any investigation, 14 examination or review. 15 (iii) The inspector shall have the power, notwithstanding any law to 16 the contrary, to examine and copy or remove documents or records of any 17 kind prepared, maintained or held by any covered agency. The removal of 18 such records shall be limited to those circumstances, at the discretion 19 of the inspector, in which a copy thereof is insufficient for an appro- 20 priate legal or investigative purpose, provided in such instances the 21 copying and return of such original, or copy where the original is 22 required for an appropriate legal or investigative purpose, is expedited 23 and such original or copy is readily accessible by the covered agency. 24 (b) The inspector or any agent or employee of the office duly desig- 25 nated in writing by him or her for such purposes may administer oaths or 26 affirmations, examine witnesses in public or private hearing, receive 27 evidence and preside at or conduct any such study or investigation. 28 3. Reports. The inspector shall forward to the governor, and to the 29 temporary president of the senate and speaker of the assembly, the 30 minority leaders of the senate and assembly, the chairs of the senate 31 and assembly standing committees on investigations, the commandant of 32 the state police, the commissioner of the New York police department and 33 the attorney general of New York state, a copy of all reports prepared 34 by the inspector and his or her agents and employees concerning the 35 affairs, functions, accounts, methods, personnel or efficiency of any 36 covered agency, upon issuance by the commissioner. 37 § 237. Annual reports. 1. The inspector shall, no later than March 38 thirty-first of each year submit to the governor and the legislature a 39 report summarizing the activities of the office during the preceding 40 calendar year. 41 2. (a) The inspector shall not publicly disclose information which: 42 (i) is a part of any ongoing criminal investigation; 43 (ii) compromises an intelligence operation; 44 (iii) is specifically prohibited from disclosure by any other 45 provision of law. 46 (b) Notwithstanding paragraph (a) of this subdivision, any report 47 under this section shall be made available to the public in a form which 48 includes information with respect to a part of an ongoing criminal 49 investigation only if such information has been included in a public 50 record. 51 § 238. Disclosure of information. The inspector shall not disclose 52 information which is prohibited from disclosure by any other provision 53 of law. 54 § 2. The sum of ten million dollars ($10,000,000), or so much thereof 55 as may be necessary, is hereby appropriated to the office of the law 56 enforcement inspector general out of any moneys in the state treasury inA. 10002 4 1 the general fund to the credit of the state purposes account, not other- 2 wise appropriated, and made immediately available, for the purpose of 3 carrying out the provisions of this act. Such moneys shall be payable on 4 the audit and warrant of the comptroller on vouchers certified or 5 approved by the comptroller in the manner prescribed by law. 6 § 3. This act shall take effect on the one hundred eightieth day after 7 it shall have become a law. Effective immediately, the addition, amend- 8 ment and/or repeal of any rule or regulation necessary for the implemen- 9 tation of this act on its effective date are authorized to be made and 10 completed on or before such effective date.
