Bill Text: NY S02783 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the office of the law enforcement inspector general to oversee the intelligence operations of state and local law enforcement agencies.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO FINANCE [S02783 Detail]

Download: New_York-2013-S02783-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2783
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2013
                                      ___________
       Introduced by Sens. PARKER, ADAMS -- read twice and ordered printed, and
         when printed to be committed to the Committee on Finance
       AN  ACT  to  amend  the  executive  law, in relation to establishing the
         office of the law enforcement inspector general
         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 article 11-A
    2  to read as follows:
    3                                ARTICLE 11-A
    4               OFFICE OF THE LAW ENFORCEMENT INSPECTOR GENERAL
    5  SECTION 232. JURISDICTION.
    6          233. ESTABLISHMENT AND ORGANIZATION.
    7          234. DEFINITIONS.
    8          235. POWERS.
    9          236. DISCLOSURE OF INFORMATION.
   10          237. FUNCTIONS AND DUTIES.
   11          238. REPORTS.
   12    S 232. JURISDICTION. THIS ARTICLE SHALL, SUBJECT  TO  THE  LIMITATIONS
   13  CONTAINED  HEREIN, CONFER UPON THE OFFICE OF THE LAW ENFORCEMENT INSPEC-
   14  TOR GENERAL JURISDICTION OVER ALL COVERED AGENCIES. FOR THE PURPOSES  OF
   15  THIS  ARTICLE "COVERED AGENCY" SHALL INCLUDE ALL STATE AND LOCAL GOVERN-
   16  MENT LAW ENFORCEMENT AND INTELLIGENCE AGENCIES, INCLUDING  THE  DIVISION
   17  OF  HOMELAND  SECURITY  AND  EMERGENCY SERVICES, ENGAGED IN INTELLIGENCE
   18  OPERATIONS.
   19    S 233. ESTABLISHMENT AND ORGANIZATION. 1. THERE IS HEREBY  ESTABLISHED
   20  THE  OFFICE  OF  THE  LAW ENFORCEMENT INSPECTOR GENERAL IN THE EXECUTIVE
   21  DEPARTMENT. THE HEAD OF THE OFFICE SHALL BE THE INSPECTOR WHO  SHALL  BE
   22  APPOINTED  BY  THE  GOVERNOR,  BY AND WITH THE ADVISE AND CONSENT OF THE
   23  SENATE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02793-01-3
       S. 2783                             2
    1    2. THE INSPECTOR SHALL HOLD OFFICE UNTIL THE END OF THE  TERM  OF  THE
    2  GOVERNOR  BY WHOM HE OR SHE WAS APPOINTED AND UNTIL HIS OR HER SUCCESSOR
    3  IS APPOINTED AND HAS QUALIFIED.
    4    3. THE INSPECTOR SHALL REPORT DIRECTLY TO THE GOVERNOR.
    5    4.  SUCH PERSON APPOINTED AS INSPECTOR SHALL, UPON HIS OR HER APPOINT-
    6  MENT, HAVE NOT LESS THAN TEN YEARS PROFESSIONAL EXPERIENCE IN  AREAS  OF
    7  LAW  ENFORCEMENT  AND  LAW ENFORCEMENT TRAINING, PROVIDED THE EXPERIENCE
    8  INVOLVES EXPERTISE IN INTELLIGENCE OPERATIONS.
    9    5. SUCH PERSON APPOINTED AS INSPECTOR SHALL BE SUBJECT TO  A  SECURITY
   10  CLEARANCE  INVESTIGATION  BY  A  FEDERAL GOVERNMENT AGENCY AUTHORIZED TO
   11  PERFORM SUCH INVESTIGATIONS.
   12    6. THE SALARY OF THE INSPECTOR SHALL BE ESTABLISHED  BY  THE  GOVERNOR
   13  WITHIN THE LIMIT OF FUNDS AVAILABLE THEREFOR.
   14    S  234. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
   15  SHALL HAVE THE FOLLOWING MEANINGS:
   16    1. "INSPECTOR"  SHALL  MEAN  THE  LAW  ENFORCEMENT  INSPECTOR  GENERAL
   17  CREATED BY THIS ARTICLE.
   18    2. "INTELLIGENCE OPERATIONS" SHALL MEAN ANY INVESTIGATIVE LAW ENFORCE-
   19  MENT OPERATION, INCLUDING BUT NOT LIMITED TO, SENSITIVE OPERATION PLANS,
   20  SECURITY  ACTIVITIES,  INTELLIGENCE MATTERS, COUNTERINTELLIGENCE MATTERS
   21  AND ONGOING CRIMINAL INVESTIGATIONS.
   22    S 235. POWERS. THE INSPECTOR SHALL HAVE THE POWER TO:
   23    1. SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES;
   24    2. ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
   25    3. REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED  RELEVANT  OR
   26  MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
   27    4. APPOINT SUCH DEPUTIES, DIRECTORS, ASSISTANTS AND OTHER OFFICERS AND
   28  EMPLOYEES  AS MAY BE NEEDED FOR THE PERFORMANCE OF HIS OR HER DUTIES AND
   29  MAY PRESCRIBE THEIR DUTIES AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS
   30  APPROPRIATED THEREFOR;
   31    5. SOLICIT, RECEIVE AND INVESTIGATION  COMPLAINTS  RELATED  TO  FRAUD,
   32  CORRUPTION AND ABUSE WITHIN A COVERED AGENCY;
   33    6. NOTWITHSTANDING ANY LAW TO THE CONTRARY, EXAMINE AND COPY OR REMOVE
   34  DOCUMENTS  OR  RECORDS  OF  ANY KIND PREPARED, MAINTAINED OR HELD BY ANY
   35  COVERED AGENCY. THE REMOVAL OF RECORDS SHALL BE LIMITED TO THOSE CIRCUM-
   36  STANCES IN WHICH A COPY THEREOF IS INSUFFICIENT FOR AN APPROPRIATE LEGAL
   37  OR INVESTIGATIVE PURPOSE, PROVIDED THAT IN SUCH  INSTANCES  THE  COPYING
   38  AND  RETURN OF SUCH ORIGINAL, OR COPY WHERE THE ORIGINAL IS REQUIRED FOR
   39  AN APPROPRIATE LEGAL OR INVESTIGATIVE PURPOSE,  IS  EXPEDITED  AND  SUCH
   40  ORIGINAL OR COPY IS READILY ACCESSIBLE BY THE COVERED AGENCY;
   41    7. REQUIRE ANY OFFICER OR EMPLOYEE IN A COVERED AGENCY TO ANSWER QUES-
   42  TIONS  CONCERNING  ANY  MATTER  RELATED TO THE PERFORMANCE OF HIS OR HER
   43  OFFICIAL DUTIES. NO STATEMENT OR OTHER EVIDENCE DERIVED THEREFROM MAY BE
   44  USED AGAINST SUCH OFFICER OR EMPLOYEE IN ANY SUBSEQUENT CRIMINAL  PROSE-
   45  CUTION  OTHER  THAN FOR PERJURY OR CONTEMPT ARISING FROM SUCH TESTIMONY.
   46  THE REFUSAL OF ANY OFFICER OR EMPLOYEE  TO  ANSWER  QUESTIONS  SHALL  BE
   47  CAUSE  FOR REMOVAL FROM OFFICE OR EMPLOYMENT OR OTHER APPROPRIATE PENAL-
   48  TY;
   49    8. MONITOR THE IMPLEMENTATION BY COVERED AGENCIES OF  ANY  RECOMMENDA-
   50  TIONS MADE BY THE LAW ENFORCEMENT INSPECTOR GENERAL;
   51    9.  DEVELOP  POLICIES, MONITOR AND EVALUATE COVERED AGENCY PERFORMANCE
   52  AND PROVIDE GUIDANCE TO ALL COVERED AGENCY ACTIVITIES RELATING TO CRIMI-
   53  NAL INVESTIGATIONS AND OTHER INTELLIGENCE OPERATIONS;
   54    10. PERFORM ANY OTHER FUNCTIONS THAT ARE NECESSARY OR  APPROPRIATE  TO
   55  FULFILL THE DUTIES AND RESPONSIBILITIES OF OFFICE.
       S. 2783                             3
    1    S  236.  DISCLOSURE  OF  INFORMATION. THE INSPECTOR SHALL NOT DISCLOSE
    2  INFORMATION WHICH IS PROHIBITED FROM DISCLOSURE BY ANY  OTHER  PROVISION
    3  OF LAW.
    4    S  237.    FUNCTIONS AND DUTIES. THE LAW ENFORCEMENT INSPECTOR GENERAL
    5  SHALL HAVE THE FOLLOWING DUTIES AND RESPONSIBILITIES:
    6    1. RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS  OR
    7  HER  OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD, CRIMI-
    8  NAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN ANY COVERED AGENCY;
    9    2. INFORM THE HEADS OF COVERED AGENCIES OF SUCH  ALLEGATIONS  AND  THE
   10  PROGRESS OF INVESTIGATIONS RELATED THERETO, UNLESS SPECIAL CIRCUMSTANCES
   11  REQUIRE CONFIDENTIALITY;
   12    3.  DETERMINE  WITH  RESPECT  TO SUCH ALLEGATIONS WHETHER DISCIPLINARY
   13  ACTION, CIVIL OR CRIMINAL PROSECUTION, OR FURTHER  INVESTIGATION  BY  AN
   14  APPROPRIATE  FEDERAL,  STATE OR LOCAL AGENCY IS WARRANTED, AND TO ASSIST
   15  IN SUCH INVESTIGATIONS;
   16    4. PREPARE AND RELEASE TO THE PUBLIC WRITTEN REPORTS OF SUCH  INVESTI-
   17  GATIONS,  AS  APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW, SUBJECT TO
   18  REDACTION TO PROTECT THE CONFIDENTIALITY OF WITNESSES.  THE  RELEASE  OF
   19  ALL OR PORTIONS OF SUCH REPORTS MAY BE DEFERRED TO PROTECT THE CONFIDEN-
   20  TIALITY OF ONGOING INVESTIGATIONS;
   21    5.  REVIEW  AND  EXAMINE  PERIODICALLY  THE POLICIES AND PROCEDURES OF
   22  COVERED  AGENCIES  WITH  REGARD  TO  THE  PREVENTION  AND  DETECTION  OF
   23  CORRUPTION, FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE;
   24    6.  RECOMMEND  REMEDIAL  ACTION  TO  PREVENT  OR ELIMINATE CORRUPTION,
   25  FRAUD, CRIMINAL ACTIVITY, CONFLICTS OF  INTEREST  OR  ABUSE  IN  COVERED
   26  AGENCIES;
   27    7.  ESTABLISH  PROGRAMS  FOR  TRAINING  STATE  OFFICERS  AND EMPLOYEES
   28  REGARDING THE PREVENTION AND ELIMINATION OF CORRUPTION, FRAUD,  CRIMINAL
   29  ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN COVERED AGENCIES.
   30    S  238. REPORTS. 1. THE INSPECTOR SHALL, NO LATER THAN APRIL THIRTIETH
   31  OF EACH YEAR SUBMIT TO THE GOVERNOR AND THE LEGISLATURE A REPORT  SUMMA-
   32  RIZING THE ACTIVITIES OF THE OFFICE DURING THE PRECEDING CALENDAR YEAR.
   33    2. (A) THE INSPECTOR SHALL NOT PUBLICLY DISCLOSE INFORMATION WHICH:
   34    (I) IS A PART OF ANY ONGOING CRIMINAL INVESTIGATION;
   35    (II) COMPROMISES AN INTELLIGENCE OPERATION;
   36    (III)   IS  SPECIFICALLY  PROHIBITED  FROM  DISCLOSURE  BY  ANY  OTHER
   37  PROVISION OF LAW.
   38    (B) NOTWITHSTANDING PARAGRAPH (A)  OF  THIS  SUBDIVISION,  ANY  REPORT
   39  UNDER THIS SECTION SHALL BE MADE AVAILABLE TO THE PUBLIC IN A FORM WHICH
   40  INCLUDES  INFORMATION  WITH  RESPECT  TO  A  PART OF AN ONGOING CRIMINAL
   41  INVESTIGATION ONLY IF SUCH INFORMATION HAS BEEN  INCLUDED  IN  A  PUBLIC
   42  RECORD.
   43    S 2. This act shall take effect on the one hundred eightieth day after
   44  it shall have become a law; provided, however, that effective immediate-
   45  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   46  necessary for the implementation of this act on its effective  date  are
   47  authorized  and  directed  to  be  made  and completed on or before such
   48  effective date.