S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   224

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

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:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "government testimony integrity act".
  S 2. The judiciary law is amended by adding a new section 39-c to read
as follows:
  S 39-C. NOTIFICATION OF FALSE TESTIMONY BY A PUBLIC OFFICER AND PUBLIC
EMPLOYEE. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (A)  THE TERM "PUBLIC OFFICER," AS USED IN THIS SECTION, SHALL INCLUDE
(I) EVERY OFFICER FOR WHOM ALL THE ELECTORS OF THE STATE ARE ENTITLED TO
VOTE, MEMBERS OF THE LEGISLATURE, JUSTICES OF THE SUPREME COURT, REGENTS
OF THE UNIVERSITY, AND EVERY OFFICER, APPOINTED BY  ONE  OR  MORE  STATE
OFFICERS,  OR  BY THE LEGISLATURE, AND AUTHORIZED TO EXERCISE HIS OR HER
OFFICIAL FUNCTIONS THROUGHOUT THE ENTIRE STATE, OR WITHOUT LIMITATION TO
ANY POLITICAL SUBDIVISION OF THE STATE, EXCEPT UNITED  STATES  SENATORS,
MEMBERS  OF  CONGRESS,  AND ELECTORS FOR PRESIDENT AND VICE-PRESIDENT OF
THE UNITED STATES, AND (II) EVERY OTHER OFFICER WHO IS  ELECTED  BY  THE
ELECTORS  OF  A  PORTION ONLY OF THE STATE, EVERY OFFICER OF A POLITICAL
SUBDIVISION OR MUNICIPAL CORPORATION OF THE  STATE,  AND  EVERY  OFFICER
LIMITED  IN THE EXECUTION OF HIS OFFICIAL FUNCTIONS TO A PORTION ONLY OF
THE STATE.
  (B) THE TERM "PUBLIC EMPLOYEE," AS USED IN THIS SECTION, SHALL INCLUDE
EVERY PERSON, BY WHATSOEVER TITLE, DESCRIPTION OR DESIGNATION KNOWN, WHO
RECEIVES ANY PAY, SALARY OR COMPENSATION OF ANY KIND FROM THE STATE OR A
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.
              

                                                           LBD01234-01-1

A. 224                              2

IS IN ANY DEPARTMENT OF THE STATE  OR  IN  THE  SERVICE  OF  ANY  PUBLIC
AUTHORITY.
  (C)  THE  TERM "CHIEF ELECTED OFFICER," AS USED IN THIS SECTION, MEANS
IN THE CASE OF THE STATE, THE GOVERNOR THEREOF; IN THE CASE OF A COUNTY,
THE COUNTY EXECUTIVE THEREOF; IN THE CASE OF A CITY, THE MAYOR  THEREOF;
IN THE CASE OF A TOWN, THE SUPERVISOR THEREOF; IN THE CASE OF A VILLAGE,
THE MAYOR THEREOF; AND IN THE CASE OF ANY OTHER POLITICAL SUBDIVISION OF
THE  STATE, THE ELECTED OFFICER IN WHOM IS VESTED THE EXECUTIVE FUNCTION
OF THE SUBDIVISION'S GOVERNMENT.
  2. IF A STATE COURT OR OTHER STATE OR LOCAL ADJUDICATIVE TRIBUNAL  HAS
REASON  TO  BELIEVE THAT ANY PUBLIC OFFICER OR PUBLIC EMPLOYEE HAS GIVEN
FALSE TESTIMONY UNDER OATH IN A PROCEEDING  BEFORE  IT,  SUCH  COURT  OR
OTHER  STATE  OR LOCAL ADJUDICATIVE TRIBUNAL SHALL WITHIN THIRTY DAYS OF
SUCH OCCURRENCE (A) IN THE CASE OF A PUBLIC OFFICER, NOTIFY THE ATTORNEY
GENERAL, (B) IN THE CASE OF A PUBLIC EMPLOYEE OTHER THAN AN EMPLOYEE  OF
A  PUBLIC  AUTHORITY,  NOTIFY THE ATTORNEY GENERAL AND THE CHIEF ELECTED
OFFICER OF THE STATE OR POLITICAL SUBDIVISION EMPLOYING SUCH INDIVIDUAL,
AND (C) IN THE CASE OF A PUBLIC EMPLOYEE WHO IS AN EMPLOYEE OF A  PUBLIC
AUTHORITY,  NOTIFY THE ATTORNEY GENERAL AND THE CHAIRPERSON OF THE BOARD
OF THE PUBLIC AUTHORITY EMPLOYING SUCH INDIVIDUAL.
  S 3. This act shall take effect immediately.