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.