STATE OF NEW YORK
________________________________________________________________________
6230
2009-2010 Regular Sessions
IN SENATE
October 16, 2009
___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to establishing the
office of special crimes investigator
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 section 75 to
2 read as follows:
3 § 75. Special crimes investigator. 1. Definitions. For the purposes of
4 this section, the following definitions shall apply:
5 a. "Investigator" means the special crimes investigator created by
6 this section.
7 b. "Office" means the office of the special crimes investigator
8 created by this section.
9 2. Office. a. There is hereby created in the department of law the
10 office of special crimes investigator. The head of the office shall be
11 the special crimes investigator, who shall be appointed by the governor,
12 by and with the advice and consent of the senate.
13 b. The investigator shall serve for a term of five years unless
14 removed by the governor for neglect or malfeasance in office, and may
15 also be removed for neglect or malfeasance by the senate upon a vote of
16 two-thirds of its members. An investigator removed from office may not
17 be reappointed to such office.
18 3. Functions, duties and responsibilities. The investigator shall have
19 the following functions, duties and responsibilities:
20 a. to appoint such deputies, directors, assistants and other officers
21 and employees as may be needed for the performance of his or her duties
22 and may prescribe their powers and fix their compensation within the
23 amounts appropriated therefor;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14879-02-9
S. 6230 2
1 b. to conduct and supervise investigations relating to the commission
2 of extraordinary crimes, including, but not limited to, shootings by
3 police officers while in the line of duty;
4 c. to keep the governor, attorney general, state comptroller, tempo-
5 rary president of the senate, minority leader of the senate, speaker of
6 the assembly and the minority leader of the assembly, apprised of such
7 investigations;
8 d. to make information and evidence relating to criminal acts which he
9 or she may obtain in carrying out his or her duties available to appro-
10 priate law enforcement officials and to consult with the attorney gener-
11 al and local district attorneys to coordinate investigations and crimi-
12 nal prosecutions; and
13 e. to subpoena witnesses, administer oaths or affirmations, take
14 testimony and compel the production of such books, papers, records and
15 documents as he or she may deem to be relevant to an investigation
16 undertaken pursuant to this section.
17 4. Cooperation of agency officials and employees. a. In addition to
18 the authority otherwise provided by this section, the investigator, in
19 carrying out the provisions of this section, is authorized:
20 (i) to have full and unrestricted access to all records, reports,
21 audits, reviews, documents, papers, recommendations or other material
22 available to state and local law enforcement agencies relating to
23 extraordinary crimes with respect to which the investigator has respon-
24 sibilities under this section;
25 (ii) to make such investigations relating to extraordinary crimes as
26 are, in the judgment of the investigator, necessary or desirable; and
27 (iii) to request such information, assistance and cooperation from any
28 federal, state or local governmental department, board, bureau, commis-
29 sion, or other agency or unit thereof as may be necessary for carrying
30 out the duties and responsibilities enjoined upon him or her by this
31 section. State and local agencies or units thereof are hereby authorized
32 and directed to provide such information, assistance and cooperation.
33 b. Notwithstanding any other provision of law, rule or regulation to
34 the contrary, no person shall prevent, seek to prevent, interfere with,
35 obstruct or otherwise hinder any investigation being conducted pursuant
36 to this section. Any violation of this paragraph shall constitute cause
37 for suspension or removal from office or employment.
38 5. Establishment period. The governor shall nominate the initial
39 investigator as soon as is practicable but in no event later than sixty
40 days after the effective date of this section.
41 6. Reports required of the investigator. The investigator shall, no
42 later than February first of each year submit to the governor, the state
43 comptroller, the attorney general and the legislature a report summariz-
44 ing the activities of the office during the preceding calendar year.
45 7. Disclosure of information. a. The investigator shall not publicly
46 disclose information which is:
47 (i) a part of any ongoing investigation; or
48 (ii) specifically prohibited from disclosure by any other provision of
49 law.
50 b. Notwithstanding paragraph a of this subdivision, any report under
51 this section may be disclosed to the public in a form which includes
52 information with respect to a part of an ongoing criminal investigation
53 if such information has been included in a public record.
54 § 2. This act shall take effect immediately.
