Bill Text: NJ S4070 | 2018-2019 | Regular Session | Introduced


Bill Title: Clarifies law concerning conduct of certain legislative investigations; provides for finding by legislative committee that witness made false statements under oath to that committee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-08-26 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S4070 Detail]

Download: New_Jersey-2018-S4070-Introduced.html

SENATE, No. 4070

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED AUGUST 26, 2019

 


 

Sponsored by:

Senator  STEPHEN M. SWEENEY

District 3 (Cumberland, Gloucester and Salem)

 

 

 

 

SYNOPSIS

     Clarifies law concerning conduct of certain legislative investigations; provides for finding by legislative committee that witness made false statements under oath to that committee.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act clarifying the law concerning certain legislative investigations and amending R.S.52:13-1 and R.S.52:13-3 and supplementing chapter 13 of Title 52 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    R.S.52:13-1 is amended to read as follows:

     52:13-1.  a.  Any joint committee of the legislature, any standing committee of either house, or any special committee directed by resolution to enter upon any investigation or inquiry, the pursuit of which shall necessitate the attendance of persons or the production of any evidence, including, but not limited to, documents, books [or] , records, papers, or objects, shall have power to compel, by subpoena, the  attendance before it of such persons as witnesses and the production before it of such [books and papers] evidence as it may deem necessary, proper and relevant to the matter under investigation.  Any such committee shall also have the power to employ such legal and clerical assistance as it may deem necessary to the proper conduct of the investigation.

     b.     Notwithstanding the provisions of subsection a. of this section, a standing reference committee of either house, upon a majority vote of the committee's membership, shall have the authority to exercise the powers conferred by R.S.52:13-1 et seq.

(cf. R.S.52:13-1)

 

     2.      R.S.52:13-3 is amended to read as follows:

     52:13-3. [Witnesses] Persons summoned to appear before any committee authorized by this article or any other law to conduct an investigation or inquiry shall be entitled to receive the same fees and mileage as persons summoned to testify in the courts of the state.

     All such [witnesses] persons may be sworn as witnesses by any member of the committee conducting the investigation or inquiry; and all witnesses sworn before any such committee shall answer truly all questions put to them which the committee shall [decide] determine to be necessary, proper and [pertinent] relevant to the investigation or inquiry [; and any witness so sworn who shall swear falsely shall be guilty of perjury.  No such witness shall be excused from answering any such questions on the ground that to answer the same might or would incriminate him; but no answers made by any witness to any such questions shall be used or admitted in evidence in any proceeding against such witness, except in a criminal prosecution against the witness for perjury in respect to his answers to such questions].

     A committee may compel, by subpoena, any person to produce at a specific time and place any evidence, including, but not limited to, documents, books, records, papers, or objects that the committee determines to be necessary, proper and relevant to the matter under investigation.

     If any person to whom a subpoena has been issued fails to appear or, having appeared, refuses to answer any question, or refuses to produce evidence of any kind, on the ground that the person will be exposed to criminal prosecution or penalty, the committee may order that person to appear or to answer the question or produce the requested evidence and confer immunity on that person.  No order to appear or to answer or produce evidence with immunity shall be made except by a vote of a majority of the total membership of the committee.  If, upon issuance of such an order, the person complies therewith, he shall be immune from having a responsive answer given by him or responsive evidence produced by him, or any information directly or indirectly derived from such answer or evidence, used to expose him to criminal prosecution, except that that person may, nevertheless, be prosecuted for any perjury committed in such answer or in producing such evidence.

     If any person refuses to answer any questions or produce evidence, determined by the committee to be necessary, proper and relevant, or, having been summoned to appear before any such committee, fails to appear in obedience to the summons or, appearing, refuses to be sworn, the committee may, by a vote of a majority of the total membership of the committee, find the person in contempt of the committee and may apply ex parte to the Superior Court to compel compliance therewith.  The court shall have jurisdiction to hear the matter and may order the person to appear and give testimony or produce evidence.  Any person failing to obey the court's order may be punishable by the court as for contempt.  Nothing in this paragraph shall be deemed to impair or abridge other remedies available to the committee, including but not limited to, the other remedies set forth in this title and the remedies available under the New Jersey Constitution respecting the inherent powers of the Legislature.

     Any [witness] person who refuses to answer any questions [decided] or produce evidence, determined by the committee to be necessary, proper and [pertinent shall be guilty of a misdemeanor; and any witness] relevant, or who, having been summoned to appear before any such committee, fails to appear in obedience to the summons or, appearing, refuses to be sworn shall be guilty of a [misdemeanor] crime of the fourth degree. The committee chair, pursuant to a vote of a majority of the total membership of the committee, may file with the Mercer County prosecutor, or the prosecutor of the county in which the person resides, a statement setting forth the underlying facts constituting such refusal or failure and an instruction that the prosecutor move to indict and prosecute the matter in Superior Court.  The committee shall submit the statement of facts to the Senate President or Speaker of the General Assembly, as the case may be, or in the case of a joint committee to both presiding officers.

(cf: R.S.52:13-3)

 

     3.    (New section)  Any joint committee of the legislature, any standing committee of either house, or any special committee directed by resolution to enter upon any investigation or inquiry shall have the power to make a finding that a witness who has testified before the committee under oath has failed to answer truly all questions put to the witness which the committee shall determine to be necessary, proper, and relevant to the investigation or inquiry and the false answers were material to the investigation or inquiry. 

     The chair of the committee may direct that an investigation be conducted to the extent necessary and appropriate on the matter.  Any such committee shall have the power to employ legal and clerical assistance as it may deem necessary to the proper conduct of an investigation on the matter. 

     After the completion of the investigation, if any, the committee shall develop a record of testimony and other evidence to preliminarily show that the witness made false statements and the statements were material to the investigation or inquiry.  The committee shall prepare a report of its preliminary findings and determination.  The report shall set forth the underlying facts in support of the committee's findings and determination.

     The report shall be submitted to the President of the Senate or Speaker of the General Assembly, as the case may be, or in the case of a joint committee to both presiding officers.  The report shall be submitted only if all the preliminary findings and the determination are approved by two thirds of the authorized membership of the committee. 

     After the findings and determination in the report are approved and submitted, appropriate notice of the preliminary findings and determination in the report shall be given to the witness identified as having made false statements that were material to the investigation and inquiry. 

     After the findings and determination in the report are approved and submitted and appropriate notice to the witness has been given, the committee shall set a calendar day for a public hearing by the committee on its preliminary findings and determination as set forth in the report.  The witness identified as having made false statements that were material to the investigation and inquiry, and the attorney representing the witness, shall be afforded an opportunity to present a defense by providing additional testimony under oath or presenting documentary evidence, or both.  The witness identified as having made false statements that were material to the investigation and inquiry may elect to submit to the committee an answer to the findings and determination in writing, with or without a personal appearance at the public hearing.  The committee shall accept and file the witness' written answer.  If the witness fails to appear or submit a written answer to the preliminary findings and determination, the committee shall proceed as if the witness has denied all elements of the findings and determination.

     After the public hearing and receipt of any additional testimony and documentary evidence, the committee shall prepare a report of its final findings and determination.  The report shall set forth the underlying facts in support of the committee's final findings and determination that the witness made false statements and the statements were material to the investigation and inquiry. 

     The committee shall submit its final report to the President of the Senate or Speaker of the General Assembly, as the case may be, or in the case of a joint committee to both presiding officers.  The final report shall be submitted only if all the final findings and determination are approved by two thirds of the authorized membership of the committee. 

     After the final findings and determination in the report are approved and submitted, appropriate notice of the final findings and determination in the report shall be given to the witness identified as having made false statements that were material to the investigation and inquiry. 

     After the final findings and determination in the report are approved and submitted and appropriate notice to the witness has been given, a certified copy of the final findings and determination in the report shall be filed by the chair of the committee with the County Prosecutor in the County of Mercer, or the prosecutor of the county in which the witness resides, with an instruction that the prosecutor move to indict and prosecute the witness for perjury. 

 

    4.     This act shall take effect immediately.

 

 

STATEMENT

 

     This bill amends existing law concerning investigations by legislative committees to clarify the evidence that may be required to be produced, as well as the circumstances under which a committee may require a person to testify or produce evidence, grant immunity, and seek a court order compelling testimony or the production of evidence. 

     The bill authorizes a committee, by a vote of a majority of its total membership, to find a person in contempt of the committee.   It also provides that a committee, by a vote of a majority of its total membership, may file with the Mercer County prosecutor or the prosecutor of the county in which the witness resides a statement setting forth the underlying facts constituting a person's failure or refusal to appear, be sworn, answer relevant questions, or produce evidence, and an instruction that the prosecutor move to indict and prosecute the matter in Superior Court.

     In addition, the bill provides that any standing reference committee of either house, upon a majority vote of the committee's membership, may exercise the powers conferred by R.S.52:13-1 et seq.

     The bill also changes the word "misdemeanor" in the statute to "crime of the fourth degree" in order to be consistent with the terminology used in the current criminal code.

     Finally, the bill authorizes any joint committee of the legislature, any standing committee of either house, or any special committee directed by resolution to enter upon any investigation or inquiry to make a finding that a witness who has testified before the committee under oath has failed to answer truly all questions put to the witness which the committee shall determine to be necessary, proper, and relevant to the investigation or inquiry and that the false answers were material to the investigation or inquiry.  The bill sets forth the process for making that finding and requires the committee to prepare a report of its final findings and determination. The report must set forth the underlying facts in support of the committee's findings and determination that the witness made false statements and that the statements were material to the investigation and inquiry. The final findings and determination of the committee require the approval of two thirds of the authorized membership of the committee. 

     A certified copy of the final findings and determination in the report must be filed by the chair of the committee with the County Prosecutor in the County of Mercer, or the prosecutor of the county in which the witness resides, instructing the prosecutor to move to indict and prosecute the witness for perjury.

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