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


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-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2783--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2013
                                      ___________
       Introduced  by  Sens.  PARKER,  ADAMS,  AVELLA, DILAN, HASSELL-THOMPSON,
         SAMPSON -- read twice and ordered printed,  and  when  printed  to  be
         committed  to  the  Committee on Finance -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT  to  amend  the  executive  law, in relation to establishing the
         office of the law enforcement inspector general; and making an  appro-
         priation therefor
         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. DEFINITIONS.
    6          233. ESTABLISHMENT AND ORGANIZATION.
    7          234. JURISDICTION.
    8          235. POWERS AND DUTIES.
    9          236. ANNUAL REPORTS.
   10          237. DISCLOSURE OF INFORMATION.
   11    S  232. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
   12  SHALL HAVE THE FOLLOWING MEANINGS:
   13    1. "INSPECTOR"  SHALL  MEAN  THE  LAW  ENFORCEMENT  INSPECTOR  GENERAL
   14  CREATED BY THIS ARTICLE.
   15    2.  "INTELLIGENCE  OPERATIONS"  SHALL MEAN THE VARIETY OF INTELLIGENCE
   16  AND COUNTERINTELLIGENCE TASKS THAT ARE CARRIED OUT  BY  LAW  ENFORCEMENT
   17  AND  INTELLIGENCE  AGENCIES,  WHICH  SHALL INCLUDE BUT NOT BE LIMITED TO
   18  ANALYSIS AND  PRODUCTION;  COLLECTION;  DISSEMINATION  AND  INTEGRATION;
   19  EVALUATION  AND  FEEDBACK;  PLANNING  AND  DIRECTION; AND PROCESSING AND
   20  EXPLOITATION OF  INFORMATION  COLLECTED  FROM  TARGETED  INDIVIDUALS  OR
   21  GROUPS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02793-03-3
       S. 2783--A                          2
    1    3.  "INTELLIGENCE AGENCIES" SHALL MEAN ANY GOVERNMENT AGENCIES RESPON-
    2  SIBLE FOR THE COLLECTION, ANALYSIS OR EXPLOITATION  OF  INFORMATION  AND
    3  INTELLIGENCE  IN  SUPPORT OF LAW ENFORCEMENT, NATIONAL SECURITY, DEFENSE
    4  AND HOMELAND SECURITY OBJECTIVES.
    5    4.  "LAW ENFORCEMENT AGENCIES" SHALL MEAN ANY ORGANIZATIONAL UNITS, OR
    6  SUBUNITS, OF THE FEDERAL, STATE, COUNTY OR MUNICIPAL GOVERNMENT WITH THE
    7  PRINCIPLE FUNCTIONS OF PREVENTION, DETECTION, AND INVESTIGATION OF CRIME
    8  AND THE APPREHENSION OF ALLEGED OFFENDERS.
    9    S 233. ESTABLISHMENT AND ORGANIZATION. 1. THERE IS HEREBY  ESTABLISHED
   10  THE  OFFICE  OF  THE  LAW ENFORCEMENT INSPECTOR GENERAL IN THE EXECUTIVE
   11  DEPARTMENT. THE HEAD OF THE OFFICE SHALL BE THE INSPECTOR WHO  SHALL  BE
   12  APPOINTED  BY  THE  GOVERNOR,  BY AND WITH THE ADVISE AND CONSENT OF THE
   13  SENATE.
   14    2. THE INSPECTOR SHALL HOLD OFFICE FOR A TERM OF FIVE YEARS.
   15    3. THE INSPECTOR SHALL REPORT DIRECTLY TO THE GOVERNOR.
   16    4. SUCH PERSON APPOINTED AS INSPECTOR SHALL, UPON HIS OR HER  APPOINT-
   17  MENT,  HAVE  NOT LESS THAN TEN YEARS PROFESSIONAL EXPERIENCE IN AREAS OF
   18  LAW ENFORCEMENT AND LAW ENFORCEMENT TRAINING,  PROVIDED  THE  EXPERIENCE
   19  INVOLVES EXPERTISE IN INTELLIGENCE OPERATIONS.
   20    5.  SUCH  PERSON APPOINTED AS INSPECTOR SHALL BE SUBJECT TO A SECURITY
   21  CLEARANCE INVESTIGATION BY A FEDERAL  GOVERNMENT  AGENCY  AUTHORIZED  TO
   22  PERFORM SUCH INVESTIGATIONS.
   23    6.  THE SALARY OF THE INSPECTOR SHALL NOT EXCEED THE SALARY OF CERTAIN
   24  STATE OFFICERS AS DEFINED IN SECTION  ONE  HUNDRED  SIXTY-NINE  OF  THIS
   25  CHAPTER.
   26    S  234.  JURISDICTION.  THIS ARTICLE SHALL, SUBJECT TO THE LIMITATIONS
   27  CONTAINED HEREIN, CONFER UPON THE OFFICE OF THE LAW ENFORCEMENT  INSPEC-
   28  TOR  GENERAL JURISDICTION OVER ALL COVERED AGENCIES. FOR THE PURPOSES OF
   29  THIS ARTICLE "COVERED AGENCY" SHALL INCLUDE ALL STATE AND LOCAL  GOVERN-
   30  MENT  LAW  ENFORCEMENT AND INTELLIGENCE AGENCIES, INCLUDING THE DIVISION
   31  OF HOMELAND SECURITY AND EMERGENCY  SERVICES,  ENGAGED  IN  INTELLIGENCE
   32  OPERATIONS.
   33    S  235.    POWERS AND DUTIES. 1. GENERAL. (A) THE INSPECTOR SHALL MAKE
   34  ANY INVESTIGATION OF THE COVERED AGENCIES DIRECTED BY THE  GOVERNOR,  OR
   35  THE SENATE AND THE ASSEMBLY ACTING BY JOINT RESOLUTION.
   36    (B)  THE  INSPECTOR  IS  AUTHORIZED AND EMPOWERED TO MAKE ANY STUDY OR
   37  INVESTIGATION OF THE COVERED AGENCIES THAT IN HIS OR HER OPINION MAY  BE
   38  IN  THE BEST INTERESTS OF THE STATE, INCLUDING BUT NOT LIMITED TO INVES-
   39  TIGATIONS OF THE AFFAIRS, FUNCTIONS,  ACCOUNTS,  METHODS,  PERSONNEL  OR
   40  EFFICIENCY  OF  ANY  COVERED  AGENCY,  OR WHETHER SUCH COVERED AGENCY OR
   41  AGENCIES ARE ACTING IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE  OR
   42  LOCAL LAWS, REGULATIONS OR RULES, OR LOCAL ORDINANCES.
   43    (C) FOR ANY INVESTIGATION MADE PURSUANT TO THIS SECTION, THE INSPECTOR
   44  SHALL  PREPARE  A  WRITTEN  REPORT  OR  STATEMENT  OF FINDINGS AND SHALL
   45  FORWARD A COPY OF SUCH REPORT OR STATEMENT TO THE REQUESTING  PARTY,  IF
   46  ANY.  IN  THE EVENT THAT THE MATTER INVESTIGATED INVOLVES OR MAY INVOLVE
   47  ALLEGATIONS OF CRIMINAL CONDUCT, OR CONDUCT THAT  VIOLATES  ANY  OR  ALL
   48  APPLICABLE  FEDERAL,  STATE  OR  LOCAL LAWS, REGULATIONS, RULES OR LOCAL
   49  ORDINANCES, THE INSPECTOR, UPON COMPLETION OF THE  INVESTIGATION,  SHALL
   50  ALSO  FORWARD  A COPY OF HIS OR HER WRITTEN REPORT OR STATEMENT OF FIND-
   51  INGS TO THE GOVERNOR, AND TO THE ATTORNEY GENERAL OF NEW YORK  STATE  OR
   52  APPROPRIATE  PROSECUTING  ATTORNEY, OR, IN THE EVENT THE MATTER INVESTI-
   53  GATED INVOLVES OR MAY  INVOLVE  A  CONFLICT  OF  INTEREST  OR  UNETHICAL
   54  CONDUCT, AS SUCH ARE DEFINED IN THE PUBLIC OFFICERS LAW AND ALL APPLICA-
   55  BLE  LOCAL  MUNICIPAL  CODES  OF  ETHICS,  TO THE BOARD OF ETHICS OF THE
   56  APPROPRIATE POLITICAL ENTITY OR SUBDIVISION.
       S. 2783--A                          3
    1    (D) THE JURISDICTION OF THE INSPECTOR  SHALL  EXTEND  TO  ANY  COVERED
    2  AGENCY,  OFFICER,  OR EMPLOYEE OF SUCH AGENCIES, OR ANY PERSON OR ENTITY
    3  DOING BUSINESS WITH SUCH AGENCIES, OR ANY PERSON OR ENTITY WHO  IS  PAID
    4  OR RECEIVES MONEY FROM OR THROUGH THE COVERED AGENCIES.
    5    (E)  THE  INSPECTOR  MAY  APPOINT  THREE DEPUTIES, EITHER OF WHOM MAY,
    6  SUBJECT TO THE DIRECTION OF THE INSPECTOR, CONDUCT  OR  PRESIDE  AT  ANY
    7  INVESTIGATIONS  AUTHORIZED  BY  THIS  CHAPTER.  THE  INSPECTOR  MAY ALSO
    8  APPOINT SUCH DIRECTORS, ASSISTANTS AND OTHER OFFICERS AND  EMPLOYEES  AS
    9  MAY BE NEEDED FOR THE PERFORMANCE OF HIS OR HER DUTIES AND MAY PRESCRIBE
   10  THEIR  DUTIES  AND  FIX THEIR COMPENSATION WITH THE AMOUNTS APPROPRIATED
   11  THEREFOR.
   12    2. INVESTIGATIONS. (A)(I) FOR THE PURPOSE  OF  ASCERTAINING  FACTS  IN
   13  CONNECTION  WITH  ANY STUDY OR INVESTIGATION AUTHORIZED BY THIS CHAPTER,
   14  THE INSPECTOR AND EACH DEPUTY  SHALL  HAVE  FULL  POWER  TO  COMPEL  THE
   15  ATTENDANCE OF WITNESSES, INCLUDING BUT NOT LIMITED TO THE POWER TO ISSUE
   16  SUBPOENAS  AND SUBPOENAS DUCES TECUM, TO ADMINISTER OATHS AND TO EXAMINE
   17  SUCH PERSONS AS HE OR SHE MAY DEEM NECESSARY.
   18    (II) THE INSPECTOR SHALL HAVE THE POWER TO REQUIRE THE  PRODUCTION  OF
   19  ANY  BOOKS  AND PAPERS DEEMED RELEVANT OR MATERIAL TO ANY INVESTIGATION,
   20  EXAMINATION OR REVIEW.
   21    (III) THE INSPECTOR SHALL HAVE THE POWER, NOTWITHSTANDING ANY  LAW  TO
   22  THE  CONTRARY, TO EXAMINE AND COPY OR REMOVE DOCUMENTS OR RECORDS OF ANY
   23  KIND PREPARED, MAINTAINED OR HELD BY ANY COVERED AGENCY. THE REMOVAL  OF
   24  SUCH  RECORDS SHALL BE LIMITED TO THOSE CIRCUMSTANCES, AT THE DISCRETION
   25  OF THE INSPECTOR, IN WHICH A COPY THEREOF IS INSUFFICIENT FOR AN  APPRO-
   26  PRIATE  LEGAL  OR  INVESTIGATIVE PURPOSE, PROVIDED IN SUCH INSTANCES THE
   27  COPYING AND RETURN OF SUCH ORIGINAL,  OR  COPY  WHERE  THE  ORIGINAL  IS
   28  REQUIRED FOR AN APPROPRIATE LEGAL OR INVESTIGATIVE PURPOSE, IS EXPEDITED
   29  AND SUCH ORIGINAL OR COPY IS READILY ACCESSIBLE BY THE COVERED AGENCY.
   30    (B)  THE  INSPECTOR OR ANY AGENT OR EMPLOYEE OF THE OFFICE DULY DESIG-
   31  NATED IN WRITING BY HIM OR HER FOR SUCH PURPOSES MAY ADMINISTER OATHS OR
   32  AFFIRMATIONS, EXAMINE WITNESSES IN PUBLIC OR  PRIVATE  HEARING,  RECEIVE
   33  EVIDENCE AND PRESIDE AT OR CONDUCT ANY SUCH STUDY OR INVESTIGATION.
   34    3.  REPORTS.  THE  INSPECTOR SHALL FORWARD TO THE GOVERNOR, AND TO THE
   35  TEMPORARY PRESIDENT OF THE SENATE  AND  SPEAKER  OF  THE  ASSEMBLY,  THE
   36  MINORITY  LEADERS  OF  THE SENATE AND ASSEMBLY, THE CHAIRS OF THE SENATE
   37  AND ASSEMBLY STANDING COMMITTEES ON INVESTIGATIONS,  THE  COMMANDANT  OF
   38  THE STATE POLICE, THE COMMISSIONER OF THE NEW YORK POLICE DEPARTMENT AND
   39  THE  ATTORNEY  GENERAL OF NEW YORK STATE, A COPY OF ALL REPORTS PREPARED
   40  BY THE INSPECTOR AND HIS OR HER  AGENTS  AND  EMPLOYEES  CONCERNING  THE
   41  AFFAIRS,  FUNCTIONS,  ACCOUNTS,  METHODS, PERSONNEL OR EFFICIENCY OF ANY
   42  COVERED AGENCY, UPON ISSUANCE BY THE COMMISSIONER.
   43    S 236. ANNUAL REPORTS. 1. THE INSPECTOR SHALL,  NO  LATER  THAN  MARCH
   44  THIRTY-FIRST  OF  EACH YEAR SUBMIT TO THE GOVERNOR AND THE LEGISLATURE A
   45  REPORT SUMMARIZING THE ACTIVITIES OF THE  OFFICE  DURING  THE  PRECEDING
   46  CALENDAR YEAR.
   47    2. (A) THE INSPECTOR SHALL NOT PUBLICLY DISCLOSE INFORMATION WHICH:
   48    (I) IS A PART OF ANY ONGOING CRIMINAL INVESTIGATION;
   49    (II) COMPROMISES AN INTELLIGENCE OPERATION;
   50    (III)   IS  SPECIFICALLY  PROHIBITED  FROM  DISCLOSURE  BY  ANY  OTHER
   51  PROVISION OF LAW.
   52    (B) NOTWITHSTANDING PARAGRAPH (A)  OF  THIS  SUBDIVISION,  ANY  REPORT
   53  UNDER THIS SECTION SHALL BE MADE AVAILABLE TO THE PUBLIC IN A FORM WHICH
   54  INCLUDES  INFORMATION  WITH  RESPECT  TO  A  PART OF AN ONGOING CRIMINAL
   55  INVESTIGATION ONLY IF SUCH INFORMATION HAS BEEN  INCLUDED  IN  A  PUBLIC
   56  RECORD.
       S. 2783--A                          4
    1    S  237.  DISCLOSURE  OF  INFORMATION. THE INSPECTOR SHALL NOT DISCLOSE
    2  INFORMATION WHICH IS PROHIBITED FROM DISCLOSURE BY ANY  OTHER  PROVISION
    3  OF LAW.
    4    S  2. The sum of ten million dollars ($10,000,000), or so much thereof
    5  as may be necessary, is hereby appropriated to the  office  of  the  law
    6  enforcement inspector general out of any moneys in the state treasury in
    7  the general fund to the credit of the state purposes account, not other-
    8  wise  appropriated,  and  made immediately available, for the purpose of
    9  carrying out the provisions of this act. Such moneys shall be payable on
   10  the audit and warrant  of  the  comptroller  on  vouchers  certified  or
   11  approved by the comptroller in the manner prescribed by law.
   12    S 3. This act shall take effect on the one hundred eightieth day after
   13  it shall have become a law; provided, however, that effective immediate-
   14  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   15  necessary for the implementation of this act on its effective  date  are
   16  authorized  and  directed  to  be  made  and completed on or before such
   17  effective date.
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