Bill Text: NY A01253 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the judiciary law, in relation to enacting the "government testimony integrity act"
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - referred to judiciary [A01253 Detail]
Download: New_York-2009-A01253-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1253
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
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.
LBD01049-01-9
A. 1253 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.
