NY State Senate Bill 2021-S5260A

Senate Bill S5260A

2021-2022 Legislative Session

Relates to expanding the authority of the attorney general to investigate violations of the public officers law

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to investigations and government operations
Jun 03, 2021	print number 5260a
Jun 03, 2021	amend (t) and recommit to investigations and government operations
Mar 01, 2021	referred to investigations and government operations

Bill Amendments

Original

A (Active)

co-Sponsors

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2021-S5260 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §63, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S5945

2021-S5260 - Summary

Expands the authority of the attorney general to investigate violations of the public officers law.

2021-S5260 - Sponsor Memo

                                
 
BILL NUMBER: S5260

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the executive law, in relation to expanding the authori-
ty of the attorney general to investigate a crime; and to amend the
county law, in relation to making conforming amendments

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow the Attorney General to investigate and prosecute any crime or
offense occurring within the state, as well as to allow the Attorney
General to conduct independent investigations concerning the public's
interest without outside interference.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision three of section 63 of the executive law to
grant concurrent prosecutorial jurisdiction to the attorney-general and
his or her deputies and assistants.

Section 2 amends subdivision eight of section 63 of the executive law to
grant the attorney general the authority to conduct investigations at
their discretion concerning the public's interest without interference
from other elected officials.

Section 3 amends subdivision one of section 700 of the county law to
include the attorney general's concurrent prosecutorial jurisdiction
with respect to local district attorneys.

Section 4 amends section 927 of the county law to include the attorney
general's concurrent prosecutorial jurisdiction with respect to offenses
committed within the City of New York.

Section 5 sets the effective date.

 
JUSTIFICATION:

Currently, for the attorney general to investigate a matter of the
public interest, approval must be secured from the governor. Also, the
governor has significant power over such investigations, including
getting weekly updates regarding the status of the investigations,
information about witness testimony, and financial oversight. The need
to grant the attorney general independent jurisdiction over such matters
is crucial. A sitting governor should not have control over these
resources nor should one be given key information and oversight authori-
ty over an investigation into him or her.

In addition, under the current statute and case law interpretations
thereof, the attorney general has limited jurisdiction to prosecute
criminal cases. In public corruption cases in particular, the attorney
general must obtain a referral from the head of a state agency to
commence a criminal case, thereby inhibiting these crucial investi-
gations and efforts to stamp out corruption. See Della Pietra v. State
of New York, 71 NY2d 792.

Therefore, the attorney general needs to be granted concurrent prosecu-
torial jurisdiction to prosecute criminal cases unimpeded without a
"referral." The attorney general's office must be granted the authority
to independently investigate and prosecute criminal matters throughout
the state without inhibition, in the same fashion that local district
attorneys are afforded.

This bill will allow the attorney general to conduct investigations and
prosecutions on any matter, including the ability to present cases to
the grand jury, in accordance with the attorney general's priorities,
without outside interference. In light of the independence of the attor-
ney general's office, its vast resources, and statewide coverage range,
it is appropriate for the Legislature to designate concurrent prosecuto-
rial powers, on par with those afforded to local district attorneys, to
the attorney general. Doing so will empower the attorney general to
independently investigate matters of the public interest at their
discretion.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5260 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5260
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the executive law, in relation to expanding the authori-
   ty of the attorney general to investigate a crime; and  to  amend  the
   county law, in relation to making conforming amendments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of  section  63  of  the  executive  law,  as
 amended  by  chapter  155  of  the  laws  of 2012, is amended to read as
 follows:
   3. Upon request of the  governor,  comptroller,  secretary  of  state,
 commissioner  of  transportation,  superintendent of financial services,
 commissioner of taxation and finance, commissioner of motor vehicles, or
 the state inspector general,  or  the  head  of  any  other  department,
 authority,  division  or  agency  of the state, [investigate the alleged
 commission of any indictable offense or offenses in violation of the law
 which the officer making the request is especially required  to  execute
 or  in  relation  to any matters connected with such department] OR WHEN
 THE ATTORNEY GENERAL DEEMS IT JUST AND PROPER, INVESTIGATE  THE  ALLEGED
 COMMISSION  OF  ANY CRIMES AND OFFENSES COGNIZABLE BY THE COURTS OF THIS
 STATE, and [to]  WHERE  APPROPRIATE  prosecute  the  person  or  persons
 believed to have committed the same and any crime or offense arising out
 of  such investigation or prosecution or both, including but not limited
 to appearing before and presenting all such matters  to  a  grand  jury;
 PROVIDED  THAT  NOTHING  HEREIN  SHALL  INTERFERE  WITH  THE  ABILITY OF
 DISTRICT ATTORNEYS AT ANY TIME TO RECEIVE  COMPLAINTS,  INVESTIGATE  AND
 PROSECUTE ANY CRIMES AND OFFENSES COGNIZABLE BY THE COURTS OF THE COUNTY
 PURSUANT  TO  ARTICLE TWENTY OF THE CRIMINAL PROCEDURE LAW. THE ATTORNEY
 GENERAL MAY REQUEST AND SHALL  RECEIVE,  FROM  ANY  AGENCY,  DEPARTMENT,
 DIVISION,  BOARD,  BUREAU  OR  COMMISSION OF THE STATE, OR ANY POLITICAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10218-01-1

 S. 5260                             2
 
 SUBDIVISION THEREOF, COOPERATION AND ASSISTANCE IN  THE  PERFORMANCE  OF
 HIS OR HER DUTIES AND MAY PROVIDE ASSISTANCE TO ANY DISTRICT ATTORNEY OR
 LAW  ENFORCEMENT  OFFICIAL REQUESTING ASSISTANCE IN THE INVESTIGATION OR
 PROSECUTION  OF  ANY  COGNIZABLE  CRIME OR OFFENSE COMMITTED WITHIN THIS
 STATE.
   § 2. Subdivision 8 of section 63 of the executive law, as  amended  by
 chapter 451 of the laws of 1977, is amended to read as follows:
   8. Whenever in [his] THE ATTORNEY-GENERAL'S judgment the public inter-
 est  requires  it,  the  attorney-general may[, with the approval of the
 governor, and when  directed  by  the  governor,  shall,]  inquire  into
 matters  concerning  the public peace, public safety and public justice.
 For such purpose [he] THE ATTORNEY-GENERAL may, in his  discretion,  and
 without  civil  service examination, appoint and employ, and at pleasure
 remove, such deputies, officers and other persons as he deems necessary,
 determine their duties and[, with the approval  of  the  governor,]  fix
 their  compensation. [All appointments made pursuant to this subdivision
 shall be immediately reported to the governor, and shall not be reported
 to any other state officer or  department.]  Payments  of  salaries  and
 compensation  of  officers  and  employees  and  of  the expenses of the
 inquiry shall be made out of funds provided by the legislature for  such
 purposes,  which  shall  be  deposited in a bank or trust company in the
 names of [the governor and] the attorney-general, payable  only  on  the
 draft or check of the attorney-general[, countersigned by the governor],
 and  such  disbursements  shall  be  subject  to no audit except by [the
 governor and] the attorney-general. The attorney-general, his deputy, or
 other officer, designated by him, is empowered  to  subpoena  witnesses,
 compel  their  attendance,  examine  them under oath before himself or a
 magistrate and require that any  books,  records,  documents  or  papers
 relevant  or  material to the inquiry be turned over to [him] THE ATTOR-
 NEY-GENERAL for inspection, examination or audit, pursuant to the  civil
 practice  law  and  rules.  If  a  person subpoenaed to attend upon such
 inquiry fails to obey the  command  of  a  subpoena  without  reasonable
 cause,  or  if  a  person in attendance upon such inquiry shall, without
 reasonable cause, refuse to be sworn or to be examined or  to  answer  a
 question  or  to  produce  a book or paper, when ordered so to do by the
 officer conducting such inquiry, he shall be guilty of a misdemeanor. It
 shall be the duty of all public officers, their deputies, assistants and
 subordinates, clerks and employees, and all other persons, to render and
 furnish to the attorney-general, his deputy or other designated officer,
 when requested, all information and assistance in their  possession  and
 within their power. Each deputy or other officer appointed or designated
 to  conduct  such  inquiry  shall  make a weekly report in detail to the
 attorney-general, in form to be  approved  by  [the  governor  and]  the
 attorney-general,  which report shall be in duplicate, one copy of which
 shall be forthwith, upon its receipt by the attorney-general, [transmit-
 ted by him to the governor]. Any officer participating in  such  inquiry
 and  any  person  examined  as  a  witness  upon  such inquiry who shall
 disclose to any person other than [the governor or] the attorney-general
 the name of any witness examined or any information obtained  upon  such
 inquiry,  except  as directed by [the governor or] the attorney-general,
 shall be guilty of a misdemeanor.
   § 3. Subdivision 1 of section 700 of the county  law,  as  amended  by
 chapter 560 of the laws of 1991, is amended to read as follows:
   1.  Except  as provided in section seven hundred one of this [chapter]
 ARTICLE AND SECTION SIXTY-THREE OF THE EXECUTIVE LAW, it  shall  be  the
 duty  of  every district attorney to conduct all prosecutions for crimes

 S. 5260                             3
 
 and offenses cognizable by the courts of the county for which he or  she
 shall  have been elected or appointed; except when the place of trial of
 an indictment is changed from one county to another,  it  shall  be  the
 duty  of  the  district  attorney  of the county where the indictment is
 found to conduct the trial of the indictment so removed, and it shall be
 the duty of the district attorney of the county to which such  trial  is
 changed  to assist in such trial upon the request of the district attor-
 ney of the county where the  indictment  was  found.  He  or  she  shall
 perform  such  additional and related duties as may be prescribed by law
 and directed by the board of supervisors.
   § 4. Section 927 of the county law is amended to read as follows:
   § 927. General duties of district attorneys. [It] NOTWITHSTANDING  THE
 PROVISIONS  OF SECTION SIXTY-THREE OF THE EXECUTIVE LAW, IT shall be the
 duty of the district attorney of the respective counties  of  New  York,
 Bronx,  Kings,  Queens and Richmond to prosecute all crimes and offenses
 cognizable by the courts of the county for  which  he  shall  have  been
 elected or appointed, except when the place of trial of an indictment is
 changed from one county to another, it shall be the duty of the district
 attorney  of  the  county  where  the indictment is found to conduct the
 trial of the indictment so removed, but  said  district  attorney  shall
 assist  in  the  trial of an indictment removed to his county for trial,
 upon request of the district attorney of the county wherein the  indict-
 ment  was found. He shall perform the duties prescribed in section seven
 hundred of this chapter and such other duties as are prescribed by law.
   § 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S5260A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §63, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S5945

2021-S5260A (ACTIVE) - Summary

Expands the authority of the attorney general to investigate violations of the public officers law.

2021-S5260A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5260A

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the executive law, in relation to expanding the authori-
ty of the attorney general to investigate violations of the public offi-
cers law

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow the Attorney General to investigate and prosecute any violation
of the public officers law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision to executive law granting the Attorney
General the power to investigate and prosecute violations of the public
officers law.

Section 2 amends subdivision eight of section 63 of the executive law to
make clarifying amendments.

Section 3 sets the effective date.

 
JUSTIFICATION:

Currently, for the Attorney General to investigate a matter of public
interest, including violations of the public officers law, approval must
be secured from the Governor. This allows a Governor to have significant
power over investigations into the misconduct of public officials,
including into the office of the Governor itself.

In addition, under the current statute and case law interpretations
thereof, the Attorney General has limited jurisdiction to prosecute
criminal cases. In public corruption cases, in particular, the Attorney
General must obtain a referral from the head of a state agency to
commence a criminal case, thereby inhibiting these crucial investi-
gations and efforts to stamp out corruption. See Della Pietra v. State
of New York, 71 NY2d 792. To help curb corruption and instill the
public's trust in its elected officials, it makes more sense to give the
Attorney General full prosecutorial jurisdiction regarding violations of
the public officers laws without having to rely on a "referral."

Further, in light of the independence of the Attorney General's office,
its vast resources, and statewide coverage range, it is appropriate for
the legislature to designate the specific power to the Attorney General
to investigate the abuses of a public officer's power. Our laws must.
hold public officials accountable, and by expanding the power of the
Attorney General in these matters, there is no doubt that the misconduct
of public officials will be thoroughly and independently investigated.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None to the state.
 
EFFECTIVE DATE:
Immediately.

2021-S5260A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5260--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by  Sens. KAMINSKY, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BRIS-
   PORT, BROOKS, BROUK, COMRIE, COONEY,  GAUGHRAN,  GIANARIS,  GOUNARDES,
   HARCKHAM, HINCHEY, HOYLMAN, JACKSON, KAPLAN, KAVANAGH, KENNEDY, KRUEG-
   ER, LIU, MANNION, MAY, MAYER, MYRIE, PERSAUD, RAMOS, REICHLIN-MELNICK,
   RIVERA,  RYAN,  SALAZAR, SANDERS, SEPULVEDA, SKOUFIS, STAVISKY, THOMAS
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Investigations and Government Operations -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the executive law, in relation to expanding the authori-
   ty of the attorney general to investigate  violations  of  the  public
   officers law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 63 of the executive law is amended by adding a  new
 subdivision 18 to read as follows:
   18.  INVESTIGATE  THE ALLEGED VIOLATION OF ANY PROVISION OF THE PUBLIC
 OFFICERS LAW AND PROSECUTE ANY SUCH PERSON OR PERSONS BELIEVED  TO  HAVE
 COMMITTED  SUCH VIOLATIONS, PROVIDED THAT NOTHING HEREIN SHALL INTERFERE
 WITH  THE  ABILITY  OF  DISTRICT  ATTORNEYS  AT  ANY  TIME  TO   RECEIVE
 COMPLAINTS,  INVESTIGATE  AND  PROSECUTE  ANY  SUCH CRIMES OR VIOLATIONS
 RELATED TO THE PUBLIC OFFICERS LAW. THE ATTORNEY GENERAL MAY REQUEST AND
 SHALL RECEIVE, FROM ANY AGENCY, DEPARTMENT, DIVISION, BOARD,  BUREAU  OR
 COMMISSION  OF  THE STATE, OR ANY POLITICAL SUBDIVISION THEREOF, COOPER-
 ATION AND ASSISTANCE IN THE PERFORMANCE OF HIS OR  HER  DUTIES  AND  MAY
 PROVIDE  ASSISTANCE TO ANY DISTRICT ATTORNEY OR LAW ENFORCEMENT OFFICIAL
 REQUESTING  ASSISTANCE  IN  THE  INVESTIGATION  OR  PROSECUTION  OF  ANY
 VIOLATIONS OF THE PUBLIC OFFICERS LAW.
   §  2.  Subdivision 8 of section 63 of the executive law, as amended by
 chapter 451 of the laws of 1977, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10218-02-1

 S. 5260--A                          2
 
   8. Whenever in [his] THE ATTORNEY-GENERAL'S judgment the public inter-
 est requires it, the attorney-general may,  with  the  approval  of  the
 governor, and when directed by the governor, shall, inquire into matters
 concerning  the public peace, public safety and public justice. For such
 purpose  [he]  THE  ATTORNEY-GENERAL may, in his discretion, and without
 civil service examination, appoint and employ, and at  pleasure  remove,
 such  deputies, officers and other persons as he deems necessary, deter-
 mine their duties and, with the approval  of  the  governor,  fix  their
 compensation.  All  appointments made pursuant to this subdivision shall
 be immediately reported to the governor, and shall not  be  reported  to
 any  other state officer or department. Payments of salaries and compen-
 sation of officers and employees and of  the  expenses  of  the  inquiry
 shall  be  made  out  of  funds  provided  by  the  legislature for such
 purposes, which shall be deposited in a bank or  trust  company  in  the
 names  of  the  governor  and  the attorney-general, payable only on the
 draft or check of the attorney-general, countersigned by  the  governor,
 and such disbursements shall be subject to no audit except by the gover-
 nor and the attorney-general. The attorney-general, his deputy, or other
 officer,  designated  by him, is empowered to subpoena witnesses, compel
 their attendance, examine them under oath before himself or a magistrate
 and require that any books, records, documents  or  papers  relevant  or
 material to the inquiry be turned over to [him] THE ATTORNEY-GENERAL for
 inspection, examination or audit, pursuant to the civil practice law and
 rules.  If a person subpoenaed to attend upon such inquiry fails to obey
 the command of a subpoena without reasonable cause, or if  a  person  in
 attendance  upon such inquiry shall, without reasonable cause, refuse to
 be sworn or to be examined or to answer a question or to produce a  book
 or  paper, when ordered so to do by the officer conducting such inquiry,
 he shall be guilty of a misdemeanor. It shall be the duty of all  public
 officers,  their  deputies,  assistants  and  subordinates,  clerks  and
 employees, and all other persons, to render and furnish  to  the  attor-
 ney-general, his deputy or other designated officer, when requested, all
 information  and  assistance in their possession and within their power.
 Each deputy or other officer appointed or  designated  to  conduct  such
 inquiry shall make a weekly report in detail to the attorney-general, in
 form  to  be  approved  by  the governor and the attorney-general, which
 report shall be in duplicate, one copy of which shall be forthwith, upon
 its receipt by the attorney-general, transmitted by him to the governor.
 Any officer participating in such inquiry and any person examined  as  a
 witness  upon  such  inquiry who shall disclose to any person other than
 the governor or the attorney-general the name of any witness examined or
 any information obtained upon such inquiry, except as  directed  by  the
 governor or the attorney-general, shall be guilty of a misdemeanor.
   § 3. This act shall take effect immediately.

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Senate Bill S5260A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

co-Sponsors

2021-S5260 - Details

2021-S5260 - Summary

2021-S5260 - Sponsor Memo

2021-S5260 - Bill Text download pdf

co-Sponsors

2021-S5260A (ACTIVE) - Details

2021-S5260A (ACTIVE) - Summary

2021-S5260A (ACTIVE) - Sponsor Memo

2021-S5260A (ACTIVE) - Bill Text download pdf

Comments