Bill Text: NY A08616 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the prosecutorial discretion of the attorney general.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-01-10 - referred to codes [A08616 Detail]

Download: New_York-2021-A08616-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8616

                   IN ASSEMBLY

                                    January 10, 2022
                                       ___________

        Introduced  by M. of A. STECK -- read once and referred to the Committee
          on Codes

        AN ACT  to  amend  the  executive  law,  in  relation  to  prosecutorial
          discretion of the attorney general

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 2, 3, 7 and 8 of section 63 of  the  executive
     2  law, subdivision 3 as amended by chapter 155 of the laws of 2012, subdi-
     3  vision 7 as amended by chapter 310 of the laws of 1962 and subdivision 8
     4  as  amended  by  chapter 451 of the laws of 1977, are amended to read as
     5  follows:
     6    2. Whenever required by the governor, attend in person, or by  one  of
     7  his  or her deputies, any term of the supreme court or appear before the
     8  grand jury thereof for the purpose of managing and  conducting  in  such
     9  court  or  before  such jury criminal actions or proceedings as shall be
    10  specified in such requirement; in which case the attorney-general or his
    11  or her deputy so attending shall exercise all the powers and perform all
    12  the duties in respect of such actions or proceedings, which the district
    13  attorney would otherwise  be  authorized  or  required  to  exercise  or
    14  perform; and in any of such actions or proceedings the district attorney
    15  shall  only exercise such powers and perform such duties as are required
    16  of him or her by the attorney-general or the deputy attorney-general  so
    17  attending.  In all such cases all expenses incurred by the attorney-gen-
    18  eral, including  the  salary  or  other  compensation  of  all  deputies
    19  employed, shall be a county charge.
    20    3.  [Upon  request  of  the governor, comptroller, secretary of state,
    21  commissioner of transportation, superintendent  of  financial  services,
    22  commissioner of taxation and finance, commissioner of motor vehicles, or
    23  the  state  inspector  general,  or  the  head  of any other department,
    24  authority, division or agency of  the  state,  investigate  the  alleged
    25  commission of any indictable offense or offenses in violation of the law
    26  which  the  officer making the request is especially required to execute
    27  or in relation to any matters connected with such department] The attor-
    28  ney general may, in his  or  her  reasonable  prosecutorial  discretion,
    29  investigate  the alleged commission of any indictable felony or felonies
    30  in violation of the law upon complaint of any citizen when  the  alleged
    31  violation  of the law involves any department or agency of the state, or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13305-01-1
        A. 8616                             2

     1  any person subject to the public officers  law,  and  to  prosecute  the
     2  person  or  persons believed to have committed the same and any crime or
     3  offense arising out  of  such  investigation  or  prosecution  or  both,
     4  including  but  not  limited to appearing before and presenting all such
     5  matters to a grand jury.
     6    7. He or she may, on behalf of the state, agree upon a case containing
     7  a statement of the facts and submit a  controversy  for  decision  to  a
     8  court  of  record  which would have jurisdiction of an action brought on
     9  the same case. He or she may agree that a referee, to be appointed in an
    10  action to which the state is a party, shall receive such compensation at
    11  such rate per day as the court in the order of reference may specify. He
    12  or she may with the approval of the governor retain counsel  to  recover
    13  moneys or property belonging to the state, or to the possession of which
    14  the state is entitled, upon an agreement that such counsel shall receive
    15  reasonable compensation, to be fixed by the attorney-general, out of the
    16  property recovered, and not otherwise.
    17    8.  Whenever  in  his or her judgment the public interest requires it,
    18  the attorney-general may, [with the approval of the governor,] and  when
    19  directed  by  the  governor,  shall, inquire into matters concerning the
    20  public peace, public safety and public justice. For such purpose  he  or
    21  she  may,  in  his or her discretion, and without civil service examina-
    22  tion, appoint and employ, and at pleasure remove, such  deputies,  offi-
    23  cers  and  other  persons  as he or she deems necessary, determine their
    24  duties and, with the approval of the governor, fix  their  compensation.
    25  All  appointments made pursuant to this subdivision shall be immediately
    26  reported to the governor, and shall not be reported to any  other  state
    27  officer or department. Payments of salaries and compensation of officers
    28  and  employees  and  of the expenses of the inquiry shall be made out of
    29  funds provided by the legislature for  such  purposes,  which  shall  be
    30  deposited  in  a  bank or trust company in the names of the governor and
    31  the attorney-general, payable only on the draft or check of  the  attor-
    32  ney-general, countersigned by the governor, and such disbursements shall
    33  be  subject to no audit except by the governor and the attorney-general.
    34  The attorney-general, his or her deputy, or other officer, designated by
    35  him or her, is empowered to subpoena witnesses, compel their attendance,
    36  examine them under oath before himself or herself or  a  magistrate  and
    37  require that any books, records, documents or papers relevant or materi-
    38  al  to the inquiry be turned over to him or her for inspection, examina-
    39  tion or audit, pursuant to the civil practice law and rules. If a person
    40  subpoenaed to attend upon such inquiry fails to obey the  command  of  a
    41  subpoena  without  reasonable  cause,  or if a person in attendance upon
    42  such inquiry shall, without reasonable cause, refuse to be sworn  or  to
    43  be  examined or to answer a question or to produce a book or paper, when
    44  ordered so to do by the officer conducting such inquiry, he or she shall
    45  be guilty of a misdemeanor. It shall be the duty of all public officers,
    46  their deputies, assistants and subordinates, clerks and  employees,  and
    47  all other persons, to render and furnish to the attorney-general, his or
    48  her  deputy or other designated officer, when requested, all information
    49  and assistance in their possession and within their power.  Each  deputy
    50  or  other  officer appointed or designated to conduct such inquiry shall
    51  make a weekly report in detail to the attorney-general, in  form  to  be
    52  approved by the governor and the attorney-general, which report shall be
    53  in  duplicate, one copy of which shall be forthwith, upon its receipt by
    54  the attorney-general, transmitted by him or her  to  the  governor.  Any
    55  officer  participating  in  such  inquiry  and  any person examined as a
    56  witness upon such inquiry who shall disclose to any  person  other  than
        A. 8616                             3

     1  the governor or the attorney-general the name of any witness examined or
     2  any  information  obtained  upon such inquiry, except as directed by the
     3  governor or the attorney-general, shall be guilty of a misdemeanor.
     4    §  2.  Paragraph  (a) of subdivision 13 of section 94 of the executive
     5  law, as amended by section 1 of part J of chapter 286  of  the  laws  of
     6  2016, is amended to read as follows:
     7    (a)  Investigations.  If  the  commission  receives  a sworn complaint
     8  alleging a  violation  of  section  seventy-three,  seventy-three-a,  or
     9  seventy-four  of  the  public officers law, section one hundred seven of
    10  the civil service law or article one-A  of  the  legislative  law  by  a
    11  person or entity subject to the jurisdiction of the commission including
    12  members  of the legislature and legislative employees and candidates for
    13  member of the legislature, or if a  reporting  individual  has  filed  a
    14  statement  which reveals a possible violation of these provisions, or if
    15  the commission determines on its own initiative to investigate a  possi-
    16  ble  violation,  the  commission shall notify the individual in writing,
    17  describe the possible or alleged  violation  of  such  laws,  provide  a
    18  description  of  the allegations against him or her and the evidence, if
    19  any, supporting  such  allegations,  provided  however  that  the  joint
    20  commission  shall  redact any information that might, in the judgment of
    21  the commission, be prejudicial to either the complainant or the investi-
    22  gation; the letter also shall set forth the sections of law  alleged  to
    23  have  been  violated and provide the person with a fifteen day period in
    24  which to submit a written response, including any evidence,  statements,
    25  and proposed witnesses, setting forth information relating to the activ-
    26  ities  cited  as  a possible or alleged violation of law. The commission
    27  shall, within sixty calendar days after a complaint  or  a  referral  is
    28  received or an investigation is initiated on the commission's own initi-
    29  ative,  vote  on  whether to commence a full investigation of the matter
    30  under consideration to determine whether a substantial basis  exists  to
    31  conclude  that  a  violation of law has occurred. The staff of the joint
    32  commission shall provide to the members prior to such  vote  information
    33  regarding  the  likely  scope  and  content  of the investigation, and a
    34  subpoena plan, to the extent such information is available. Such  inves-
    35  tigation  shall be conducted if at least eight members of the commission
    36  vote to authorize it. Where the  subject  of  such  investigation  is  a
    37  member  of  the legislature or a legislative employee or a candidate for
    38  member of the legislature, at least two of the eight or more members who
    39  so vote to authorize such an investigation must [have been appointed  by
    40  a legislative leader or leaders from] be enrolled in the major political
    41  party  in which the subject of the proposed investigation is enrolled if
    42  such person is enrolled in a major political party. Where the subject of
    43  such investigation is a state officer or state employee, [at  least  two
    44  of  the  eight or more members who so vote to authorize such an investi-
    45  gation must have been appointed by the governor and lieutenant governor]
    46  a majority vote of eight members of the commission is required.    Where
    47  the  subject  of such investigation is a statewide elected official or a
    48  direct appointee of such an official, at least two of the eight or  more
    49  members  who  so vote to authorize such an investigation must [have been
    50  appointed by the governor and lieutenant governor and]  be  enrolled  in
    51  the  major political party in which the subject of the proposed investi-
    52  gation is enrolled, if such person is  enrolled  in  a  major  political
    53  party.
    54    §  3.  This  act shall take effect on the thirtieth day after it shall
    55  have become a law.