S T A T E O F N E W Y O R K
________________________________________________________________________
3595--C
2019-2020 Regular Sessions
I N S E N A T E
February 11, 2019
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Introduced by Sens. PARKER, BAILEY, BRESLIN, BROOKS, HOYLMAN, JACKSON,
KAVANAGH, LIU, MAY, SANDERS, SERRANO -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Finance --
recommitted to the Committee on Finance in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the executive law, the public authorities law and chap-
ter 154 of the laws of 1921 relating to the port authority of New York
and New Jersey, in relation to establishing the law enforcement
misconduct investigative office
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 section 75 to
read as follows:
§ 75. LAW ENFORCEMENT MISCONDUCT INVESTIGATIVE OFFICE. 1. JURISDIC-
TION. THIS SECTION SHALL, SUBJECT TO THE LIMITATIONS CONTAINED IN THIS
SECTION, CONFER UPON THE LAW ENFORCEMENT MISCONDUCT INVESTIGATIVE OFFICE
JURISDICTION OVER ALL COVERED AGENCIES. FOR THE PURPOSES OF THIS SECTION
"COVERED AGENCY" MEANS A POLICE AGENCY OF ANY POLITICAL SUBDIVISION
WITHIN THE STATE, INCLUDING AUTHORITIES OR AGENCIES MAINTAINING A POLICE
FORCE OR POLICE FORCES OF INDIVIDUALS DEFINED AS POLICE OFFICERS IN
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, PROVIDED HOWEVER, COVERED
AGENCY DOES NOT INCLUDE ANY AGENCY UNDER THE JURISDICTION OF THE STATE
INSPECTOR GENERAL PURSUANT TO ARTICLE FOUR-A OF THE EXECUTIVE LAW, THE
METROPOLITAN TRANSPORTATION AUTHORITY INSPECTOR GENERAL PURSUANT TO
SECTION ONE THOUSAND TWO HUNDRED SEVENTY-NINE OF THE PUBLIC AUTHORITIES
LAW, OR THE PORT AUTHORITY INSPECTOR GENERAL PURSUANT TO CHAPTER ONE
HUNDRED FIFTY-FOUR OF THE LAWS OF NINETEEN TWENTY-ONE. WHEREVER A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09532-10-0
S. 3595--C 2
COVERED AGENCY IS A BOARD, COMMISSION, A PUBLIC AUTHORITY OR PUBLIC
BENEFIT CORPORATION, THE HEAD OF THE AGENCY IS THE CHAIRPERSON THEREOF.
2. ESTABLISHMENT AND ORGANIZATION. (A) THERE IS HEREBY ESTABLISHED THE
LAW ENFORCEMENT MISCONDUCT INVESTIGATIVE OFFICE IN THE DEPARTMENT OF
LAW. THE HEAD OF THE OFFICE SHALL BE A DEPUTY ATTORNEY GENERAL WHO SHALL
BE APPOINTED BY THE ATTORNEY GENERAL.
(B) SUCH DEPUTY ATTORNEY GENERAL MAY APPOINT ONE OR MORE ASSISTANTS TO
SERVE AT HIS OR HER PLEASURE.
(C) THE SALARY FOR THE HEAD OF SUCH OFFICE SHALL BE ESTABLISHED WITHIN
THE LIMIT OF FUNDS AVAILABLE THEREFORE; PROVIDED, HOWEVER, SUCH SALARY
SHALL BE NO LESS THAN THE SALARIES OF CERTAIN STATE OFFICERS HOLDING THE
POSITIONS INDICATED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION ONE
HUNDRED SIXTY-NINE OF THIS CHAPTER.
(D) THE MISSION OF THE LAW ENFORCEMENT MISCONDUCT INVESTIGATIVE OFFICE
SHALL BE TO REVIEW, STUDY, AUDIT AND MAKE RECOMMENDATIONS RELATING TO
THE OPERATIONS, POLICIES, PROGRAMS AND PRACTICES, INCLUDING ONGOING
PARTNERSHIPS WITH OTHER LAW ENFORCEMENT AGENCIES, OF STATE AND LOCAL LAW
ENFORCEMENT AGENCIES WITH THE GOAL OF ENHANCING THE EFFECTIVENESS OF LAW
ENFORCEMENT, INCREASING PUBLIC SAFETY, PROTECTING CIVIL LIBERTIES AND
CIVIL RIGHTS, ENSURING COMPLIANCE WITH CONSTITUTIONAL PROTECTIONS AND
LOCAL, STATE AND FEDERAL LAWS, AND INCREASING THE PUBLIC'S CONFIDENCE IN
LAW ENFORCEMENT.
3. FUNCTIONS AND DUTIES. THE DEPUTY ATTORNEY GENERAL SHALL HAVE THE
FOLLOWING DUTIES AND RESPONSIBILITIES:
(A) RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS OR
HER OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD, USE OF
EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE IN
ANY COVERED AGENCY;
(B) INFORM THE HEADS OF COVERED AGENCIES OF SUCH ALLEGATIONS AND THE
PROGRESS OF INVESTIGATIONS RELATED THERETO, UNLESS SPECIAL CIRCUMSTANCES
REQUIRE CONFIDENTIALITY;
(C) DETERMINE WITH RESPECT TO SUCH ALLEGATIONS WHETHER DISCIPLINARY
ACTION, CIVIL OR CRIMINAL PROSECUTION, OR FURTHER INVESTIGATION BY AN
APPROPRIATE FEDERAL, STATE OR LOCAL AGENCY IS WARRANTED, AND TO ASSIST
IN SUCH INVESTIGATIONS, IF REQUESTED BY SUCH FEDERAL, STATE, OR LOCAL
AGENCY;
(D) PREPARE AND RELEASE TO THE PUBLIC WRITTEN REPORTS OF INVESTI-
GATIONS, AS APPROPRIATE AND TO THE EXTENT PERMITTED BY LAW, SUBJECT TO
REDACTION TO PROTECT THE CONFIDENTIALITY OF WITNESSES AND OTHER INFORMA-
TION THAT WOULD BE EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE
PUBLIC OFFICERS LAW. THE RELEASE OF ALL OR PORTIONS OF SUCH REPORTS MAY
BE TEMPORARILY DEFERRED TO PROTECT THE CONFIDENTIALITY OF ONGOING INVES-
TIGATIONS;
(E) REVIEW AND EXAMINE PERIODICALLY THE POLICIES AND PROCEDURES OF
COVERED AGENCIES WITH REGARD TO THE PREVENTION AND DETECTION OF
CORRUPTION, FRAUD, USE OF EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICTS
OF INTEREST AND ABUSE;
(F) RECOMMEND REMEDIAL ACTION TO PREVENT OR ELIMINATE CORRUPTION,
FRAUD, USE OF EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST
AND ABUSE IN COVERED AGENCIES; AND
(G) INVESTIGATE PATTERNS, PRACTICES, SYSTEMIC ISSUES, OR TRENDS IDEN-
TIFIED BY ANALYZING ACTIONS, CLAIMS, COMPLAINTS, AND INVESTIGATIONS,
INCLUDING, BUT NOT LIMITED TO, ANY PATTERNS OR TRENDS REGARDING DEPART-
MENTS, PRECINCTS, AND COMMANDS; AND
(H) ON AN ANNUAL BASIS, SUBMIT TO THE GOVERNOR, THE ATTORNEY GENERAL,
THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
S. 3595--C 3
MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY,
NO LATER THAN DECEMBER THIRTY-FIRST, A REPORT SUMMARIZING THE ACTIVITIES
OF THE OFFICE AND RECOMMENDING SPECIFIC CHANGES TO STATE LAW TO FURTHER
THE MISSION OF THE LAW ENFORCEMENT MISCONDUCT INVESTIGATIVE OFFICE.
4. POWERS. THE DEPUTY ATTORNEY GENERAL SHALL HAVE THE POWER TO:
(A) SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES;
(B) ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
(C) REQUIRE THE PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT OR
MATERIAL TO ANY INVESTIGATION, EXAMINATION OR REVIEW;
(D) NOTWITHSTANDING ANY LAW TO THE CONTRARY, EXAMINE AND COPY OR
REMOVE DOCUMENTS OR RECORDS OF ANY KIND PREPARED, MAINTAINED OR HELD BY
ANY COVERED AGENCY;
(E) REQUIRE ANY OFFICER OR EMPLOYEE IN A COVERED AGENCY TO ANSWER
QUESTIONS CONCERNING ANY MATTER RELATED TO THE PERFORMANCE OF HIS OR HER
OFFICIAL DUTIES. NO STATEMENT OR OTHER EVIDENCE DERIVED THEREFROM MAY BE
USED AGAINST SUCH OFFICER OR EMPLOYEE IN ANY SUBSEQUENT CRIMINAL PROSE-
CUTION OTHER THAN FOR PERJURY OR CONTEMPT ARISING FROM SUCH TESTIMONY.
THE REFUSAL OF ANY OFFICER OR EMPLOYEE TO ANSWER QUESTIONS SHALL BE
CAUSE FOR REMOVAL FROM OFFICE OR EMPLOYMENT OR OTHER APPROPRIATE PENAL-
TY;
(F) MONITOR THE IMPLEMENTATION BY COVERED AGENCIES OF ANY RECOMMENDA-
TIONS MADE BY THE LAW ENFORCEMENT MISCONDUCT INVESTIGATIVE OFFICE; AND
(G) PERFORM ANY OTHER FUNCTIONS THAT ARE NECESSARY OR APPROPRIATE TO
FULFILL THE DUTIES AND RESPONSIBILITIES OF OFFICE.
5. RESPONSIBILITIES OF COVERED AGENCIES, OFFICERS AND EMPLOYEES. (A)
EVERY OFFICER OR EMPLOYEE IN A COVERED AGENCY SHALL REPORT PROMPTLY TO
THE LAW ENFORCEMENT MISCONDUCT INVESTIGATIVE OFFICE ANY INFORMATION
CONCERNING CORRUPTION, FRAUD, USE OF EXCESSIVE FORCE, CRIMINAL ACTIVITY,
CONFLICTS OF INTEREST OR ABUSE BY ANOTHER OFFICER OR EMPLOYEE RELATING
TO HIS OR HER OFFICE OR EMPLOYMENT, OR BY A PERSON HAVING BUSINESS DEAL-
INGS WITH A COVERED AGENCY RELATING TO THOSE DEALINGS. THE KNOWING FAIL-
URE OF ANY OFFICER OR EMPLOYEE TO SO REPORT SHALL BE CAUSE FOR REMOVAL
FROM OFFICE OR EMPLOYMENT OR OTHER APPROPRIATE PENALTY. ANY OFFICER OR
EMPLOYEE WHO ACTS PURSUANT TO THIS SUBDIVISION BY REPORTING TO THE LAW
ENFORCEMENT MISCONDUCT INVESTIGATIVE OFFICE SHALL NOT BE SUBJECT TO
DISMISSAL, DISCIPLINE OR OTHER ADVERSE PERSONNEL ACTION.
(B) UPON RECEIVING AT LEAST FIVE COMPLAINTS FROM FIVE OR MORE INDIVID-
UALS RELATING TO AT LEAST FIVE SEPARATE INCIDENTS INVOLVING A CERTAIN
OFFICER OR EMPLOYEE WITHIN TWO YEARS, THE HEAD OF ANY COVERED AGENCY
SHALL REFER SUCH COMPLAINTS TO THE LAW ENFORCEMENT MISCONDUCT INVESTI-
GATIVE OFFICE FOR REVIEW. THE LAW ENFORCEMENT MISCONDUCT INVESTIGATIVE
OFFICE SHALL INVESTIGATE SUCH COMPLAINTS TO DETERMINE WHETHER THE
SUBJECT OFFICER OR EMPLOYEE HAS ENGAGED IN A PATTERN OR PRACTICE OF
MISCONDUCT, USE OF EXCESSIVE FORCE, OR ACTS OF DISHONESTY. THE REFERRAL
AND INVESTIGATION PURSUANT TO THIS SUBDIVISION SHALL BE IN ADDITION TO
AND SHALL NOT SUPERSEDE ANY CIVIL, CRIMINAL, ADMINISTRATIVE OR OTHER
ACTION OR PROCEEDING RELATING TO SUCH COMPLAINTS OR THE SUBJECT OFFICER
OR EMPLOYEE.
(C) THE HEAD OF ANY COVERED AGENCY SHALL ADVISE THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY
WITHIN NINETY DAYS OF THE ISSUANCE OF A REPORT BY THE LAW ENFORCEMENT
MISCONDUCT INVESTIGATIVE OFFICE AS TO THE REMEDIAL ACTION THAT THE AGEN-
CY HAS TAKEN IN RESPONSE TO ANY RECOMMENDATION FOR SUCH ACTION CONTAINED
IN SUCH REPORT.
S. 3595--C 4
(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE, INFRINGE, OR
DIMINISH THE RIGHTS, PRIVILEGES, BENEFITS OR REMEDIES THAT ACCRUE TO ANY
EMPLOYEE PURSUANT TO ANY AGREEMENT ENTERED INTO PURSUANT TO ARTICLE
FOURTEEN OF THE CIVIL SERVICE LAW.
§ 2. Section 53 of the executive law is amended by adding a new subdi-
vision 1-a to read as follows:
1-A. RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON HIS
OR HER OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD, USE
OF EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR ABUSE BY
ANY POLICE OFFICER IN A COVERED AGENCY.
§ 3. Subdivision 4 of section 1279 of the public authorities law is
amended by adding a new paragraph (a-1) to read as follows:
(A-1) TO RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON
HIS OR HER OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION, FRAUD,
USE OF EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST OR
ABUSE BY ANY POLICE OFFICER UNDER THE JURISDICTION OF THE OFFICE OF THE
METROPOLITAN TRANSPORTATION AUTHORITY.
§ 4. Paragraph a of subdivision 6 of article 4 of section 1 of chapter
154 of the laws of 1921 relating to the port authority of New York and
New Jersey, as amended by chapter 559 of the laws of 2015, is amended to
read as follows:
a. The inspector general shall be responsible for receiving and inves-
tigating, where appropriate, all complaints regarding fraud, waste, and
abuse by commissioners, officers, and employees of the port authority or
third-parties doing business with the port authority. THE INSPECTOR
GENERAL SHALL ALSO RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE,
OR UPON HIS OR HER OWN INITIATIVE, CONCERNING ALLEGATIONS OF CORRUPTION,
FRAUD, USE OF EXCESSIVE FORCE, CRIMINAL ACTIVITY, CONFLICTS OF INTEREST
OR ABUSE BY ANY POLICE OFFICER UNDER THE JURISDICTION OF THE PORT
AUTHORITY. The inspector general shall also be responsible for conduct-
ing investigations upon the inspector general's own initiative, as the
inspector general shall deem appropriate.
§ 5. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 6. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law, provided however, that
section four of this act shall take effect upon the enactment into law
by the state of New Jersey of legislation having an identical effect
with this act, but if the state of New Jersey shall have already enacted
such legislation, this act shall take effect immediately; provided that
the attorney general shall notify the legislative bill drafting commis-
sion upon the occurrence of the enactment of the legislation provided
for in section four of this act in order that the commission may main-
tain an accurate and timely effective data base of the official text of
the laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of the
public officers law.
