S T A T E O F N E W Y O R K ________________________________________________________________________ 224 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. LANCMAN -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the judiciary law, in relation to enacting the "govern- ment testimony integrity act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "government testimony integrity act". 3 S 2. The judiciary law is amended by adding a new section 39-c to read 4 as follows: 5 S 39-C. NOTIFICATION OF FALSE TESTIMONY BY A PUBLIC OFFICER AND PUBLIC 6 EMPLOYEE. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL 7 HAVE THE FOLLOWING MEANINGS: 8 (A) THE TERM "PUBLIC OFFICER," AS USED IN THIS SECTION, SHALL INCLUDE 9 (I) EVERY OFFICER FOR WHOM ALL THE ELECTORS OF THE STATE ARE ENTITLED TO 10 VOTE, MEMBERS OF THE LEGISLATURE, JUSTICES OF THE SUPREME COURT, REGENTS 11 OF THE UNIVERSITY, AND EVERY OFFICER, APPOINTED BY ONE OR MORE STATE 12 OFFICERS, OR BY THE LEGISLATURE, AND AUTHORIZED TO EXERCISE HIS OR HER 13 OFFICIAL FUNCTIONS THROUGHOUT THE ENTIRE STATE, OR WITHOUT LIMITATION TO 14 ANY POLITICAL SUBDIVISION OF THE STATE, EXCEPT UNITED STATES SENATORS, 15 MEMBERS OF CONGRESS, AND ELECTORS FOR PRESIDENT AND VICE-PRESIDENT OF 16 THE UNITED STATES, AND (II) EVERY OTHER OFFICER WHO IS ELECTED BY THE 17 ELECTORS OF A PORTION ONLY OF THE STATE, EVERY OFFICER OF A POLITICAL 18 SUBDIVISION OR MUNICIPAL CORPORATION OF THE STATE, AND EVERY OFFICER 19 LIMITED IN THE EXECUTION OF HIS OFFICIAL FUNCTIONS TO A PORTION ONLY OF 20 THE STATE. 21 (B) THE TERM "PUBLIC EMPLOYEE," AS USED IN THIS SECTION, SHALL INCLUDE 22 EVERY PERSON, BY WHATSOEVER TITLE, DESCRIPTION OR DESIGNATION KNOWN, WHO 23 RECEIVES ANY PAY, SALARY OR COMPENSATION OF ANY KIND FROM THE STATE OR A 24 MUNICIPAL CORPORATION OR ANY OTHER POLITICAL SUBDIVISION THEREOF, OR WHO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01234-01-1 A. 224 2 1 IS IN ANY DEPARTMENT OF THE STATE OR IN THE SERVICE OF ANY PUBLIC 2 AUTHORITY. 3 (C) THE TERM "CHIEF ELECTED OFFICER," AS USED IN THIS SECTION, MEANS 4 IN THE CASE OF THE STATE, THE GOVERNOR THEREOF; IN THE CASE OF A COUNTY, 5 THE COUNTY EXECUTIVE THEREOF; IN THE CASE OF A CITY, THE MAYOR THEREOF; 6 IN THE CASE OF A TOWN, THE SUPERVISOR THEREOF; IN THE CASE OF A VILLAGE, 7 THE MAYOR THEREOF; AND IN THE CASE OF ANY OTHER POLITICAL SUBDIVISION OF 8 THE STATE, THE ELECTED OFFICER IN WHOM IS VESTED THE EXECUTIVE FUNCTION 9 OF THE SUBDIVISION'S GOVERNMENT. 10 2. IF A STATE COURT OR OTHER STATE OR LOCAL ADJUDICATIVE TRIBUNAL HAS 11 REASON TO BELIEVE THAT ANY PUBLIC OFFICER OR PUBLIC EMPLOYEE HAS GIVEN 12 FALSE TESTIMONY UNDER OATH IN A PROCEEDING BEFORE IT, SUCH COURT OR 13 OTHER STATE OR LOCAL ADJUDICATIVE TRIBUNAL SHALL WITHIN THIRTY DAYS OF 14 SUCH OCCURRENCE (A) IN THE CASE OF A PUBLIC OFFICER, NOTIFY THE ATTORNEY 15 GENERAL, (B) IN THE CASE OF A PUBLIC EMPLOYEE OTHER THAN AN EMPLOYEE OF 16 A PUBLIC AUTHORITY, NOTIFY THE ATTORNEY GENERAL AND THE CHIEF ELECTED 17 OFFICER OF THE STATE OR POLITICAL SUBDIVISION EMPLOYING SUCH INDIVIDUAL, 18 AND (C) IN THE CASE OF A PUBLIC EMPLOYEE WHO IS AN EMPLOYEE OF A PUBLIC 19 AUTHORITY, NOTIFY THE ATTORNEY GENERAL AND THE CHAIRPERSON OF THE BOARD 20 OF THE PUBLIC AUTHORITY EMPLOYING SUCH INDIVIDUAL. 21 S 3. This act shall take effect immediately.