S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9861
 
                           I N  A S S E M B L Y
 
                             February 20, 2020
                                ___________
 
 Introduced  by M. of A. QUART -- read once and referred to the Committee
   on Codes
 
 AN ACT  to  amend  the  executive  law,  in  relation  to  creating  the
   conviction  review  commission  and  providing  for  such commission's
   powers and duties
 
   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 13-B
 to read as follows:
                               ARTICLE 13-B
                       CONVICTION REVIEW COMMISSION
 SECTION 268.   DEFINITION.
         268-A. CONVICTION REVIEW COMMISSION.
         268-B. PURPOSE AND CONDUCT OF THE COMMISSION.
         268-C. POWERS AND DUTIES.
         268-D. USE OF INFORMATION.
   § 268. DEFINITION. AS USED IN THIS ARTICLE,  "COMMISSION"  SHALL  MEAN
 THE  CONVICTION  REVIEW  COMMISSION  ESTABLISHED PURSUANT TO SECTION TWO
 HUNDRED SIXTY-EIGHT-A OF THIS ARTICLE.
   § 268-A.  CONVICTION  REVIEW  COMMISSION.  1.  THE  CONVICTION  REVIEW
 COMMISSION IS HEREBY ESTABLISHED AS AN INDEPENDENT AGENCY OF THE STATE.
   A. THE COMMISSION SHALL CONSIST OF FIVE MEMBERS AS FOLLOWS:
   (I) THREE MEMBERS APPOINTED BY THE GOVERNOR;
   (II)  ONE  MEMBER  APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
 AND
   (III) ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
   B. THE FIVE MEMBERS OF THE COMMISSION SHALL  INCLUDE  COMMUNITY  ADVO-
 CATES  AND DEFENSE ATTORNEYS WHO ARE WIDELY KNOWN FOR THEIR PROFESSIONAL
 COMPETENCE AND EXPERIENCE WITH CRIMINAL DEFENSE,  WRONGFUL  CONVICTIONS,
 OR  DEVELOPMENTS  IN  THE FIELD OF FORENSIC SCIENCE, AND AT LEAST ONE OF
 WHOM IS A DEFENSE ATTORNEY  IN  GOOD  STANDING  WITH  EXPERIENCE  FILING
 MOTIONS PURSUANT TO ARTICLE FOUR HUNDRED FORTY OF THE CRIMINAL PROCEDURE
 LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03236-04-0

 A. 9861                             2
 
   2.  THE  TERM OF OFFICE OF EACH OF THE MEMBERS OF THE COMMISSION SHALL
 BE FIVE YEARS.  EVERY VACANCY OCCURRING PRIOR TO  THE  EXPIRATION  OF  A
 MEMBER'S  TERM  SHALL  BE  FILLED  FOR THE REMAINDER OF SUCH TERM IN THE
 MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT TO SUCH  TERM.    UPON  THE
 EXPIRATION  OF THE TERM OF A MEMBER OF THE COMMISSION, SUCH MEMBER SHALL
 CONTINUE TO SERVE UNTIL HIS OR HER SUCCESSOR IS APPOINTED.
   3. THE GOVERNOR SHALL DESIGNATE A CHAIRPERSON FROM THE MEMBERS OF  THE
 COMMISSION, TO SERVE AS SUCH AT THE PLEASURE OF THE GOVERNOR. THE CHAIR-
 PERSON SHALL BE THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION.
   4.  THE  CHAIRPERSON  SHALL RECEIVE COMPENSATION FIXED BY THE GOVERNOR
 AND SHALL BE  REIMBURSED  FOR  ALL  EXPENSES  ACTUALLY  AND  NECESSARILY
 INCURRED  BY  HIM  OR  HER IN THE PERFORMANCE OF HIS OR HER DUTIES HERE-
 UNDER, WITHIN THE AMOUNT MADE AVAILABLE BY APPROPRIATION  THEREFOR.  THE
 OTHER  MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR
 SERVICES, BUT SHALL BE REIMBURSED FOR ALL EXPENSES ACTUALLY  AND  NECES-
 SARILY  INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER WITHIN THE
 AMOUNT MADE AVAILABLE BY APPROPRIATION THEREFOR.
   5. THE COMMISSION SHALL MEET AT LEAST FOUR TIMES EACH YEAR  AT  PREDE-
 TERMINED  TIMES  AND  LOCATIONS  ANNOUNCED IN ADVANCE, AND AT SUCH OTHER
 TIMES AS THE CHAIR OF THE COMMISSION OR  THREE  OR  MORE  MEMBERS  SHALL
 DETERMINE TO BE NECESSARY.
   6.  FOR  ANY  ACTION  AUTHORIZED BY THIS ARTICLE, THREE MEMBERS OF THE
 COMMISSION SHALL CONSTITUTE A QUORUM AND, EXCEPT AS  OTHERWISE  PROVIDED
 IN  SUBDIVISION  FIVE OF THIS SECTION, THE CONCURRENCE OF AT LEAST THREE
 MEMBERS OF THE COMMISSION SHALL BE NECESSARY.
   7. NO MEMBER OF THE COMMISSION SHALL BE DISQUALIFIED FROM HOLDING  ANY
 PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
 OR  EMPLOYMENT,  BY  REASON  OF  HIS OR HER APPOINTMENT PURSUANT TO THIS
 SECTION, AND THE MEMBERS OF THE COMMISSION SHALL BE REQUIRED TO TAKE AND
 FILE OATHS OF OFFICE BEFORE SERVING ON THE COMMISSION.
   § 268-B. PURPOSE AND CONDUCT OF  THE  COMMISSION.  1.  THE  COMMISSION
 SHALL  REVIEW CASES INVOLVING A WRONGFUL CONVICTION AND SHALL BE AUTHOR-
 IZED TO REINVESTIGATE SUCH  CASES,  RESEARCH  DEVELOPMENTS  IN  FORENSIC
 SCIENCE,  RECOMMEND  CASES  AND CATEGORIES OF CASES FOR REINVESTIGATION,
 AND RECOMMEND REFORMS TO  LESSEN  THE  LIKELIHOOD  OF  SIMILAR  WRONGFUL
 CONVICTIONS OCCURRING IN THE FUTURE.
   2. THE COMMISSION SHALL ESTABLISH A CONVICTION REVIEW UNIT WHICH SHALL
 CONSIST OF THE FOLLOWING DEPARTMENTS:
   A. THE INVESTIGATION DEPARTMENT, WHICH SHALL BE RESPONSIBLE FOR INVES-
 TIGATING ALL MATTERS BROUGHT TO THE COMMISSION'S ATTENTION BY THE FORMAL
 FILING OR APPLICATION PROCESS SET FORTH BY THE COMMISSION; AND
   B.  THE RESEARCH DEPARTMENT, WHICH SHALL BE RESPONSIBLE FOR COLLECTING
 DATA PERTAINING TO THE WORK OF THE CONVICTION  REVIEW  UNIT,  MONITORING
 THE  MOST RECENT RESEARCH, INCLUDING FORENSIC RESEARCH, AND RECOMMENDING
 CASES OR CATEGORIES OF CASES FOR REINVESTIGATION BASED UPON THE  RESULTS
 OF SUCH RESEARCH.
   §  268-C.  POWERS AND DUTIES. THE COMMISSION SHALL HAVE THE POWERS AND
 DUTIES TO:
   1. ESTABLISH ITS OWN REASONABLE RULES AND  PROCEDURES  CONCERNING  THE
 CONDUCT  OF  ITS  MEETINGS AND OTHER AFFAIRS RELATED TO IMPLEMENTING THE
 PROVISIONS OF THIS ARTICLE;
   2. EMPLOY AND REMOVE SUCH OFFICERS, INVESTIGATORS AND EMPLOYEES AS  IT
 MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS POWERS AND DUTIES PURSUANT
 TO  THIS  ARTICLE,  AND  FIX  THEIR COMPENSATION WITHIN THE AMOUNTS MADE
 AVAILABLE BY APPROPRIATION THEREFOR;

 A. 9861                             3
 
   3. CONDUCT INVESTIGATIONS AND HEARINGS, ADMINISTER OATHS  OR  AFFIRMA-
 TIONS,  SUBPOENA  WITNESSES, COMPEL THEIR ATTENDANCE, EXAMINE THEM UNDER
 OATH OR AFFIRMATION, REQUIRE PRODUCTION OF ANY BOOKS, RECORDS, DOCUMENTS
 OR OTHER EVIDENCE THAT IT MAY DEEM RELEVANT OR MATERIAL TO  AN  INVESTI-
 GATION,  AND MAY DESIGNATE ANY OF ITS MEMBERS, OFFICERS OR INVESTIGATORS
 TO EXERCISE ANY SUCH POWERS; PROVIDED, HOWEVER, THE COMMISSION SHALL NOT
 BE PERMITTED TO COMPEL ANY TRIAL JUDGE, TRIAL  COURT  OR  ANY  APPELLATE
 COURT  TO PROVIDE INFORMATION OR RECORDS PERTAINING TO THE COURT'S ADJU-
 DICATIVE PROCESS IN RENDERING ITS DECISION IN ANY CASE;
   4. REQUEST AND RECEIVE FROM ANY COURT,  DEPARTMENT,  DIVISION,  BOARD,
 BUREAU,  COMMISSION OR OTHER AGENCY OF THE STATE OR ANY POLITICAL SUBDI-
 VISION THEREOF OR ANY PUBLIC  AUTHORITY  SUCH  ASSISTANCE,  INFORMATION,
 RECORDS AND DATA AS WILL ENABLE THE COMMISSION TO PROPERLY CARRY OUT ITS
 POWERS AND DUTIES;
   5.  ISSUE  PRELIMINARY REPORTS ON ANY INVESTIGATION CONDUCTED PURSUANT
 TO THIS ARTICLE, WHICH PRELIMINARY REPORTS  SHALL  INCLUDE  FINDINGS  OF
 FACT AND RECOMMENDATIONS;
   6.  ACCEPT  REQUESTS  FOR  PROPOSALS FROM ORGANIZATIONS THAT REPRESENT
 PETITIONERS IN PROCEEDINGS AFTER JUDGMENT PURSUANT TO TITLE  M  OF  PART
 TWO  OF  THE  CRIMINAL  PROCEDURE LAW AND ENTER INTO CONTRACTS WITH SUCH
 ORGANIZATIONS AUTHORIZING THE ORGANIZATIONS TO REPRESENT SUCH  PETITION-
 ERS;
   7.  RESEARCH  AND  MONITOR  DEVELOPMENTS IN FORENSIC SCIENCE AND OTHER
 FIELDS WHICH MAY AFFECT THE OUTCOME OF CRIMINAL CASES; AND
   8. PERFORM ALL ACTIVITIES NECESSARY TO CARRY  OUT  THE  PROVISIONS  OF
 THIS ARTICLE.
   §  268-D.  USE  OF  INFORMATION.  1.  NO PRELIMINARY REPORT, REPORT OR
 PORTION THEREOF ISSUED PURSUANT TO THIS ARTICLE SHALL BE  ADMITTED  INTO
 EVIDENCE  OR USED IN ANY CIVIL OR CRIMINAL CAUSE OF ACTION RELATING TO A
 MATTER WHICH IS THE SUBJECT OF SUCH REPORT.
   2. THE COMMISSION'S ELECTION NOT TO REINVESTIGATE A CASE  OR  INITIATE
 AN  ACTION  ON  BEHALF  OF THE PETITIONER SHALL NOT BE DEEMED A DETERMI-
 NATION BY THE COMMISSION AND SHALL NOT BE SUBJECT TO FREEDOM OF INFORMA-
 TION LAWS PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
   3.  THE DETERMINATION BY THE COMMISSION NOT TO REINVESTIGATE A CASE OR
 INITIATE AN ACTION ON BEHALF OF A  PETITIONER  SHALL  NOT  BE  DEEMED  A
 DETERMINATION  AND SHALL NOT BE DISCOVERABLE OR ADMISSIBLE IN ANY SUBSE-
 QUENT ACTION, ADMINISTRATIVE HEARING  OR  HEARING  ADMINISTERED  BY  THE
 DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
   4. ORDERS AND DECISIONS OF THE COMMISSION SHALL NOT BE APPEALABLE.
   5.  THE COMMISSION SHALL NOT BE REQUIRED TO DISCLOSE TO PETITIONER ANY
 RECORDS, DATA, VIDEO OR AUDIO TAPE, OR ANY OTHER INFORMATION RECEIVED BY
 SUBPOENA  OR  OTHER  MEANS FROM A DISTRICT ATTORNEY'S OFFICE OR FROM ANY
 COURT, DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION OR  OTHER  AGENCY
 OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF OR ANY PUBLIC AUTHORI-
 TY  PURSUANT TO SUBDIVISION FOUR OF SECTION TWO HUNDRED SIXTY-EIGHT-C OF
 THIS ARTICLE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law, provided that the officials who are empowered by this
 act  to  appoint members of the conviction review commission are author-
 ized and directed to make such appointments on or before such  effective
 date pursuant to section 268-a of the executive law, as added by section
 one of this act.