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

                                  8092

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 18, 2013
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Governmental Operations

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:

  Section 1. The executive law is amended by adding a new  article  11-A
to read as follows:
                              ARTICLE 11-A
             OFFICE OF THE LAW ENFORCEMENT INSPECTOR GENERAL
SECTION 232. DEFINITIONS.
        233. ESTABLISHMENT AND ORGANIZATION.
        234. JURISDICTION.
        235. POWERS AND DUTIES.
        236. ANNUAL REPORTS.
        237. DISCLOSURE OF INFORMATION.
  S  232. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "INSPECTOR"  SHALL  MEAN  THE  LAW  ENFORCEMENT  INSPECTOR  GENERAL
CREATED BY THIS ARTICLE.
  2.  "INTELLIGENCE  OPERATIONS"  SHALL MEAN THE VARIETY OF INTELLIGENCE
AND COUNTERINTELLIGENCE TASKS THAT ARE CARRIED OUT  BY  LAW  ENFORCEMENT
AND  INTELLIGENCE  AGENCIES,  WHICH  SHALL INCLUDE BUT NOT BE LIMITED TO
ANALYSIS AND  PRODUCTION;  COLLECTION;  DISSEMINATION  AND  INTEGRATION;
EVALUATION  AND  FEEDBACK;  PLANNING  AND  DIRECTION; AND PROCESSING AND
EXPLOITATION OF  INFORMATION  COLLECTED  FROM  TARGETED  INDIVIDUALS  OR
GROUPS.
  3.  "INTELLIGENCE AGENCIES" SHALL MEAN ANY GOVERNMENT AGENCIES RESPON-
SIBLE FOR THE COLLECTION, ANALYSIS OR EXPLOITATION  OF  INFORMATION  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02793-04-3

              

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INTELLIGENCE  IN  SUPPORT OF LAW ENFORCEMENT, NATIONAL SECURITY, DEFENSE
AND HOMELAND SECURITY OBJECTIVES.
  4.  "LAW ENFORCEMENT AGENCIES" SHALL MEAN ANY ORGANIZATIONAL UNITS, OR
SUBUNITS, OF THE FEDERAL, STATE, COUNTY OR MUNICIPAL GOVERNMENT WITH THE
PRINCIPLE FUNCTIONS OF PREVENTION, DETECTION, AND INVESTIGATION OF CRIME
AND THE APPREHENSION OF ALLEGED OFFENDERS.
  S 233. ESTABLISHMENT AND ORGANIZATION. 1. THERE IS HEREBY  ESTABLISHED
THE  OFFICE  OF  THE  LAW ENFORCEMENT INSPECTOR GENERAL IN THE EXECUTIVE
DEPARTMENT. THE HEAD OF THE OFFICE SHALL BE THE INSPECTOR WHO  SHALL  BE
APPOINTED  BY  THE  GOVERNOR,  BY AND WITH THE ADVISE AND CONSENT OF THE
SENATE.
  2. THE INSPECTOR SHALL HOLD OFFICE FOR A TERM OF FIVE YEARS.
  3. THE INSPECTOR SHALL REPORT DIRECTLY TO THE GOVERNOR.
  4. SUCH PERSON APPOINTED AS INSPECTOR SHALL, UPON HIS OR HER  APPOINT-
MENT,  HAVE  NOT LESS THAN TEN YEARS PROFESSIONAL EXPERIENCE IN AREAS OF
LAW ENFORCEMENT AND LAW ENFORCEMENT TRAINING,  PROVIDED  THE  EXPERIENCE
INVOLVES EXPERTISE IN INTELLIGENCE OPERATIONS.
  5.  SUCH  PERSON APPOINTED AS INSPECTOR SHALL BE SUBJECT TO A SECURITY
CLEARANCE INVESTIGATION BY A FEDERAL  GOVERNMENT  AGENCY  AUTHORIZED  TO
PERFORM SUCH INVESTIGATIONS.
  6.  THE SALARY OF THE INSPECTOR SHALL NOT EXCEED THE SALARY OF CERTAIN
STATE OFFICERS AS DEFINED IN SECTION  ONE  HUNDRED  SIXTY-NINE  OF  THIS
CHAPTER.
  S  234.  JURISDICTION.  THIS ARTICLE SHALL, SUBJECT TO THE LIMITATIONS
CONTAINED HEREIN, CONFER UPON THE OFFICE OF THE LAW ENFORCEMENT  INSPEC-
TOR  GENERAL JURISDICTION OVER ALL COVERED AGENCIES. FOR THE PURPOSES OF
THIS ARTICLE "COVERED AGENCY" SHALL INCLUDE ALL STATE AND LOCAL  GOVERN-
MENT  LAW  ENFORCEMENT AND INTELLIGENCE AGENCIES, INCLUDING THE DIVISION
OF HOMELAND SECURITY AND EMERGENCY  SERVICES,  ENGAGED  IN  INTELLIGENCE
OPERATIONS.
  S  235.    POWERS AND DUTIES. 1. GENERAL. (A) THE INSPECTOR SHALL MAKE
ANY INVESTIGATION OF THE COVERED AGENCIES DIRECTED BY THE  GOVERNOR,  OR
THE SENATE AND THE ASSEMBLY ACTING BY JOINT RESOLUTION.
  (B)  THE  INSPECTOR  IS  AUTHORIZED AND EMPOWERED TO MAKE ANY STUDY OR
INVESTIGATION OF THE COVERED AGENCIES THAT IN HIS OR HER OPINION MAY  BE
IN  THE BEST INTERESTS OF THE STATE, INCLUDING BUT NOT LIMITED TO INVES-
TIGATIONS OF THE AFFAIRS, FUNCTIONS,  ACCOUNTS,  METHODS,  PERSONNEL  OR
EFFICIENCY  OF  ANY  COVERED  AGENCY,  OR WHETHER SUCH COVERED AGENCY OR
AGENCIES ARE ACTING IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE  OR
LOCAL LAWS, REGULATIONS OR RULES, OR LOCAL ORDINANCES.
  (C) FOR ANY INVESTIGATION MADE PURSUANT TO THIS SECTION, THE INSPECTOR
SHALL  PREPARE  A  WRITTEN  REPORT  OR  STATEMENT  OF FINDINGS AND SHALL
FORWARD A COPY OF SUCH REPORT OR STATEMENT TO THE REQUESTING  PARTY,  IF
ANY.  IN  THE EVENT THAT THE MATTER INVESTIGATED INVOLVES OR MAY INVOLVE
ALLEGATIONS OF CRIMINAL CONDUCT, OR CONDUCT THAT  VIOLATES  ANY  OR  ALL
APPLICABLE  FEDERAL,  STATE  OR  LOCAL LAWS, REGULATIONS, RULES OR LOCAL
ORDINANCES, THE INSPECTOR, UPON COMPLETION OF THE  INVESTIGATION,  SHALL
ALSO  FORWARD  A COPY OF HIS OR HER WRITTEN REPORT OR STATEMENT OF FIND-
INGS TO THE GOVERNOR, AND TO THE ATTORNEY GENERAL OF NEW YORK  STATE  OR
APPROPRIATE  PROSECUTING  ATTORNEY, OR, IN THE EVENT THE MATTER INVESTI-
GATED INVOLVES OR MAY  INVOLVE  A  CONFLICT  OF  INTEREST  OR  UNETHICAL
CONDUCT, AS SUCH ARE DEFINED IN THE PUBLIC OFFICERS LAW AND ALL APPLICA-
BLE  LOCAL  MUNICIPAL  CODES  OF  ETHICS,  TO THE BOARD OF ETHICS OF THE
APPROPRIATE POLITICAL ENTITY OR SUBDIVISION.
  (D) THE JURISDICTION OF THE INSPECTOR  SHALL  EXTEND  TO  ANY  COVERED
AGENCY,  OFFICER,  OR EMPLOYEE OF SUCH AGENCIES, OR ANY PERSON OR ENTITY

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DOING BUSINESS WITH SUCH AGENCIES, OR ANY PERSON OR ENTITY WHO  IS  PAID
OR RECEIVES MONEY FROM OR THROUGH THE COVERED AGENCIES.
  (E)  THE  INSPECTOR  MAY  APPOINT  THREE DEPUTIES, EITHER OF WHOM MAY,
SUBJECT TO THE DIRECTION OF THE INSPECTOR, CONDUCT  OR  PRESIDE  AT  ANY
INVESTIGATIONS  AUTHORIZED  BY  THIS  CHAPTER.  THE  INSPECTOR  MAY ALSO
APPOINT SUCH DIRECTORS, ASSISTANTS AND OTHER OFFICERS AND  EMPLOYEES  AS
MAY BE NEEDED FOR THE PERFORMANCE OF HIS OR HER DUTIES AND MAY PRESCRIBE
THEIR  DUTIES  AND  FIX THEIR COMPENSATION WITH THE AMOUNTS APPROPRIATED
THEREFOR.
  2. INVESTIGATIONS. (A)(I) FOR THE PURPOSE  OF  ASCERTAINING  FACTS  IN
CONNECTION  WITH  ANY STUDY OR INVESTIGATION AUTHORIZED BY THIS CHAPTER,
THE INSPECTOR AND EACH DEPUTY  SHALL  HAVE  FULL  POWER  TO  COMPEL  THE
ATTENDANCE OF WITNESSES, INCLUDING BUT NOT LIMITED TO THE POWER TO ISSUE
SUBPOENAS  AND SUBPOENAS DUCES TECUM, TO ADMINISTER OATHS AND TO EXAMINE
SUCH PERSONS AS HE OR SHE MAY DEEM NECESSARY.
  (II) THE INSPECTOR SHALL HAVE THE POWER TO REQUIRE THE  PRODUCTION  OF
ANY  BOOKS  AND PAPERS DEEMED RELEVANT OR MATERIAL TO ANY INVESTIGATION,
EXAMINATION OR REVIEW.
  (III) THE INSPECTOR SHALL HAVE THE POWER, NOTWITHSTANDING ANY  LAW  TO
THE  CONTRARY, TO EXAMINE AND COPY OR REMOVE DOCUMENTS OR RECORDS OF ANY
KIND PREPARED, MAINTAINED OR HELD BY ANY COVERED AGENCY. THE REMOVAL  OF
SUCH  RECORDS SHALL BE LIMITED TO THOSE CIRCUMSTANCES, AT THE DISCRETION
OF THE INSPECTOR, IN WHICH A COPY THEREOF IS INSUFFICIENT FOR AN  APPRO-
PRIATE  LEGAL  OR  INVESTIGATIVE PURPOSE, PROVIDED IN SUCH INSTANCES THE
COPYING AND RETURN OF SUCH ORIGINAL,  OR  COPY  WHERE  THE  ORIGINAL  IS
REQUIRED FOR AN APPROPRIATE LEGAL OR INVESTIGATIVE PURPOSE, IS EXPEDITED
AND SUCH ORIGINAL OR COPY IS READILY ACCESSIBLE BY THE COVERED AGENCY.
  (B)  THE  INSPECTOR OR ANY AGENT OR EMPLOYEE OF THE OFFICE DULY DESIG-
NATED IN WRITING BY HIM OR HER FOR SUCH PURPOSES MAY ADMINISTER OATHS OR
AFFIRMATIONS, EXAMINE WITNESSES IN PUBLIC OR  PRIVATE  HEARING,  RECEIVE
EVIDENCE AND PRESIDE AT OR CONDUCT ANY SUCH STUDY OR INVESTIGATION.
  3.  REPORTS.  THE  INSPECTOR SHALL FORWARD TO THE GOVERNOR, AND TO THE
TEMPORARY PRESIDENT OF THE SENATE  AND  SPEAKER  OF  THE  ASSEMBLY,  THE
MINORITY  LEADERS  OF  THE SENATE AND ASSEMBLY, THE CHAIRS OF THE SENATE
AND ASSEMBLY STANDING COMMITTEES ON INVESTIGATIONS,  THE  COMMANDANT  OF
THE STATE POLICE, THE COMMISSIONER OF THE NEW YORK POLICE DEPARTMENT AND
THE  ATTORNEY  GENERAL OF NEW YORK STATE, A COPY OF ALL REPORTS PREPARED
BY THE INSPECTOR AND HIS OR HER  AGENTS  AND  EMPLOYEES  CONCERNING  THE
AFFAIRS,  FUNCTIONS,  ACCOUNTS,  METHODS, PERSONNEL OR EFFICIENCY OF ANY
COVERED AGENCY, UPON ISSUANCE BY THE COMMISSIONER.
  S 236. ANNUAL REPORTS. 1. THE INSPECTOR SHALL,  NO  LATER  THAN  MARCH
THIRTY-FIRST  OF  EACH YEAR SUBMIT TO THE GOVERNOR AND THE LEGISLATURE A
REPORT SUMMARIZING THE ACTIVITIES OF THE  OFFICE  DURING  THE  PRECEDING
CALENDAR YEAR.
  2. (A) THE INSPECTOR SHALL NOT PUBLICLY DISCLOSE INFORMATION WHICH:
  (I) IS A PART OF ANY ONGOING CRIMINAL INVESTIGATION;
  (II) COMPROMISES AN INTELLIGENCE OPERATION;
  (III)   IS  SPECIFICALLY  PROHIBITED  FROM  DISCLOSURE  BY  ANY  OTHER
PROVISION OF LAW.
  (B) NOTWITHSTANDING PARAGRAPH (A)  OF  THIS  SUBDIVISION,  ANY  REPORT
UNDER THIS SECTION SHALL BE MADE AVAILABLE TO THE PUBLIC IN A FORM WHICH
INCLUDES  INFORMATION  WITH  RESPECT  TO  A  PART OF AN ONGOING CRIMINAL
INVESTIGATION ONLY IF SUCH INFORMATION HAS BEEN  INCLUDED  IN  A  PUBLIC
RECORD.

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  S  237.  DISCLOSURE  OF  INFORMATION. THE INSPECTOR SHALL NOT DISCLOSE
INFORMATION WHICH IS PROHIBITED FROM DISCLOSURE BY ANY  OTHER  PROVISION
OF LAW.
  S  2. The sum of ten million dollars ($10,000,000), or so much thereof
as may be necessary, is hereby appropriated to the  office  of  the  law
enforcement inspector general out of any moneys in the state treasury in
the general fund to the credit of the state purposes account, not other-
wise  appropriated,  and  made immediately available, for the purpose of
carrying out the provisions of this act. Such moneys shall be payable on
the audit and warrant  of  the  comptroller  on  vouchers  certified  or
approved by the comptroller in the manner prescribed by law.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.