S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5034
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced  by  Sens.  SANDERS,  MAY,  MYRIE,  RIVERA  -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Cultural Affairs, Tourism, Parks and Recreation
 
 AN ACT to amend the arts and cultural affairs law, in relation to enact-
   ing the New York civil rights cold case records collection act

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The arts and cultural affairs law is amended  by  adding  a
 new article 57-C to read as follows:
                               ARTICLE 57-C
                           NEW YORK CIVIL RIGHTS
                     COLD CASE RECORDS COLLECTION ACT
 SECTION 57.60. DEFINITIONS.
         57.61. CIVIL RIGHTS COLD CASE RECORDS COLLECTION.
         57.62. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE.
         57.63. CIVIL  RIGHTS  COLD CASE RECORDS REVIEW BOARD; ESTABLISH-
                 MENT AND POWERS.
   § 57.60. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE  FOLLOWING
 TERMS  SHALL  HAVE  THE  FOLLOWING MEANINGS: 1. "CIVIL RIGHTS COLD CASE"
 MEANS ANY UNSOLVED CASE OCCURRING WITHIN  A  JURISDICTION  IN  NEW  YORK
 STATE  ARISING  OUT OF EVENTS WHICH OCCURRED DURING THE PERIOD BEGINNING
 ON JANUARY FIRST, NINETEEN HUNDRED FORTY AND ENDING ON DECEMBER  THIRTY-
 FIRST, NINETEEN HUNDRED SEVENTY-NINE, AND INVOLVING:
   (A) CONSPIRACY AGAINST RIGHTS UNDER 18 USC § 241;
   (B) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW UNDER 18 USC § 242;
   (C) FEDERALLY PROTECTED ACTIVITIES UNDER 18 USC § 245;
   (D) PEONAGE AND INVOLUNTARY SERVITUDE UNDER 18 USC § 1581 AND 18 USC §
 1584; OR
   (E) THE FAIR HOUSING ACT UNDER 42 U.S.C. 3631.
   2. "CIVIL RIGHTS COLD CASE RECORD" MEANS A NEW YORK STATE RECORD THAT:
   (A) IS RELATED TO A CIVIL RIGHTS COLD CASE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02486-01-3
              

 S. 5034                             2
 
   (B)  WAS  CREATED OR MADE AVAILABLE FOR USE BY, OBTAINED BY, OR OTHER-
 WISE CAME INTO THE POSSESSION OF THE NEW  YORK  STATE  ARCHIVES  OR  ANY
 STATE AGENCY; AND
   (C)  ANY  NEW  YORK STATE LOCAL GOVERNMENT, OR COMPONENT THEREOF, THAT
 PROVIDED SUPPORT OR ASSISTANCE OR PERFORMED WORK IN  CONNECTION  WITH  A
 FEDERAL INQUIRY INTO A CIVIL RIGHTS COLD CASE.
   3.  "THE  ARCHIVIST"  MEANS  THE STATE ARCHIVIST OF THE NEW YORK STATE
 ARCHIVES.
   4.  "THE  COLLECTION"  MEANS  THE  CIVIL  RIGHTS  COLD  CASE   RECORDS
 COLLECTION ESTABLISHED UNDER SECTION 57.61 OF THIS ARTICLE.
   5.  "OFFICIAL  INVESTIGATION"  MEANS THE REVIEW OF A CIVIL RIGHTS COLD
 CASE CONDUCTED BY ANY ENTITY OF THE FEDERAL GOVERNMENT, A NEW YORK STATE
 AGENCY, OR ANY LOCAL GOVERNMENT IN NEW YORK STATE.
   6. "PUBLIC INTEREST" MEANS  THE  COMPELLING  INTEREST  IN  THE  PROMPT
 PUBLIC  DISCLOSURE  OF CIVIL RIGHTS COLD CASE RECORDS FOR HISTORICAL AND
 GOVERNMENTAL PURPOSES AND FOR THE PURPOSE OF FULLY INFORMING THE  PEOPLE
 OF NEW YORK.
   7.  "REVIEW  BOARD"  MEANS  THE  CIVIL RIGHTS COLD CASE RECORDS REVIEW
 BOARD ESTABLISHED UNDER SECTION 57.63 OF THIS ARTICLE.
   8. "STATE AGENCY" MEANS ANY STATE  BOARD,  BODY,  BUREAU,  COMMISSION,
 COUNCIL,  DEPARTMENT,  EXECUTIVE AGENCY, PUBLIC AUTHORITY, PUBLIC CORPO-
 RATION, DIVISION, OFFICE, OR  OTHER  GOVERNMENTAL  ENTITY  PERFORMING  A
 GOVERNMENTAL  OR  PROPRIETARY  FUNCTION  FOR  THE  STATE,  BUT SHALL NOT
 INCLUDE THE STATE LEGISLATURE.
   § 57.61. CIVIL RIGHTS COLD CASE RECORDS COLLECTION. 1.  ESTABLISHMENT.
 NOT LATER THAN NINETY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE,
 THE ARCHIVIST SHALL:
   (A)  COMMENCE  ESTABLISHING  A  COLLECTION  OF  CIVIL RIGHTS COLD CASE
 RECORDS TO BE KNOWN AS THE  "NEW  YORK  STATE  CIVIL  RIGHTS  COLD  CASE
 RECORDS  COLLECTION"  THAT  SHALL  ENSURE  THE  PHYSICAL  INTEGRITY  AND
 ORIGINAL PROVENANCE OF ALL RECORDS IN SUCH COLLECTION;
   (B) COMMENCE PREPARING AND PUBLISHING A SUBJECT GUIDEBOOK AND INDEX TO
 THE COLLECTION; AND
   (C) ESTABLISH CRITERIA FOR STATE AGENCIES TO FOLLOW WHEN  TRANSMITTING
 COPIES OF CIVIL RIGHTS COLD CASE RECORDS TO THE ARCHIVIST.
   2. CONTENTS. THE COLLECTION SHALL INCLUDE:
   (A) A COPY OF EACH CIVIL RIGHTS COLD CASE RECORD:
   (I) TRANSMITTED TO THE ARCHIVIST; OR
   (II)  THAT  HAS  BEEN  DISCLOSED  TO  THE PUBLIC IN AN UNREDACTED FORM
 BEFORE THE EFFECTIVE DATE OF THIS ARTICLE; AND
   (B) ALL REVIEW BOARD RECORDS, AS REQUIRED UNDER THIS ARTICLE.
   3. DISCLOSURE OF RECORDS. ALL CIVIL RIGHTS COLD CASE RECORDS TRANSMIT-
 TED TO THE ARCHIVIST FOR DISCLOSURE TO THE PUBLIC SHALL BE:
   (A) AVAILABLE TO THE PUBLIC FOR INSPECTION AND COPYING AT THE NEW YORK
 STATE ARCHIVES NOT LATER THAN SIXTY DAYS AFTER THE TRANSMISSION  OF  THE
 RECORD TO THE ARCHIVIST; AND
   (B) PRIORITIZED FOR DIGITIZATION BY THE NEW YORK STATE ARCHIVES.
   4. FEES FOR COPYING. THE ARCHIVIST SHALL:
   (A) USE EFFICIENT ELECTRONIC MEANS WHEN POSSIBLE;
   (B) CHARGE REASONABLE FEES FOR COPYING CIVIL RIGHTS COLD CASE RECORDS;
 AND
   (C) GRANT WAIVERS OF SUCH FEES WHEN THE ARCHIVIST SHALL DEEM APPROPRI-
 ATE.
   5.  SECURITY  OF  RECORDS.  THE ARCHIVIST SHALL ENSURE THE SECURITY OF
 CIVIL RIGHTS COLD CASE RECORDS IN THE COLLECTION FOR WHICH DISCLOSURE IS
 POSTPONED.
 S. 5034                             3
 
   6. DIGITIZATION OF RECORDS. EACH STATE AGENCY SHALL MAKE TEXT-SEARCHA-
 BLE DOCUMENTS AVAILABLE TO THE REVIEW BOARD UPON REQUEST OF SUCH  BOARD.
 NOT  LATER  THAN  SEVEN  DAYS  BEFORE A CIVIL RIGHTS COLD CASE RECORD IS
 PUBLICLY DISCLOSED, THE STATE AGENCY RELEASING SUCH  CIVIL  RIGHTS  COLD
 CASE  RECORD  SHALL  TAKE  ALL  REASONABLE EFFORTS TO PROVIDE SUCH CIVIL
 RIGHTS COLD CASE RECORD TO THE VICTIMS OF THE EVENTS TO WHICH SUCH CIVIL
 RIGHTS COLD CASE RECORD RELATES, OR TO THEIR NEXT OF KIN.
   7. ADDITIONAL POLICIES. THE ARCHIVIST, IN CONSULTATION WITH THE ATTOR-
 NEY GENERAL, SHALL DEVELOP AND IMPLEMENT ANY POLICIES NOT ENUMERATED  IN
 THIS  ARTICLE THAT HE OR SHE SHALL DEEM NECESSARY FOR THE IMPLEMENTATION
 OF THIS ARTICLE.
   § 57.62. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE. DISCLOSURE  OF
 CIVIL  RIGHTS COLD CASE RECORDS OR PARTICULAR INFORMATION WITHIN A CIVIL
 RIGHTS COLD CASE RECORD TO THE PUBLIC MAY BE POSTPONED SUBJECT TO POLICY
 DEVELOPED BY THE STATE ATTORNEY GENERAL, IN CONSULTATION WITH THE ARCHI-
 VIST, TO PROMOTE JUSTICE AND TO PROTECT INNOCENT PARTIES.
   § 57.63. CIVIL RIGHTS COLD CASE RECORDS  REVIEW  BOARD;  ESTABLISHMENT
 AND  POWERS. 1. ESTABLISHMENT. THERE IS HEREBY ESTABLISHED A BOARD TO BE
 KNOWN AS THE "NEW YORK CIVIL RIGHTS COLD CASE RECORDS REVIEW BOARD".
   2. APPOINTMENT. THE REVIEW BOARD SHALL CONSIST OF THIRTEEN MEMBERS, TO
 BE APPOINTED AS FOLLOWS: (A) SEVEN MEMBERS TO BE APPOINTED BY THE GOVER-
 NOR, ONE OF WHOM THE GOVERNOR  SHALL  APPOINT  AS  THE  CHAIR;  (B)  TWO
 MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; (C)
 ONE  MEMBER  SHALL  BE  APPOINTED BY THE SENATE MINORITY LEADER; (D) TWO
 MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; AND  (E)  ONE
 MEMBER SHALL BE APPOINTED BY THE ASSEMBLY MINORITY LEADER.
   3.  COMPENSATION.  THE  MEMBERS  OF  THE REVIEW BOARD SHALL RECEIVE NO
 COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR  ACTUAL  AND
 NECESSARY  EXPENSES  INCURRED  IN  THE PERFORMANCE OF THEIR DUTIES UNDER
 THIS ARTICLE. THE REVIEW BOARD MAY EMPLOY AND AT  PLEASURE  REMOVE  SUCH
 PERSONNEL  AS IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS
 AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE  BY  APPRO-
 PRIATION THEREFOR.
   4.  POWERS. THE REVIEW BOARD SHALL HAVE THE POWER AND AUTHORITY TO ACT
 IN ANY MANNER PRESCRIBED UNDER THIS ARTICLE INCLUDING, BUT  NOT  LIMITED
 TO, THE POWER AND AUTHORITY TO:
   (A)  OBTAIN  ACCESS  TO  CIVIL RIGHTS COLD CASE RECORDS THAT HAVE BEEN
 IDENTIFIED AND ORGANIZED BY A STATE AGENCY;
   (B) DIRECT A STATE AGENCY TO MAKE AVAILABLE TO THE REVIEW  BOARD,  AND
 IF  NECESSARY  TO INVESTIGATE THE FACTS SURROUNDING, ADDITIONAL INFORMA-
 TION, RECORDS, OR TESTIMONY FROM  INDIVIDUALS,  THAT  THE  REVIEW  BOARD
 DEEMS NECESSARY TO FULFILL ITS FUNCTIONS AND RESPONSIBILITIES UNDER THIS
 ARTICLE;
   (C)  SUBPOENA PRIVATE PERSONS TO COMPEL THE PRODUCTION OF DOCUMENTS OR
 OTHER RECORDS NECESSARY FOR  THE  FULFILLMENT  OF  ITS  RESPONSIBILITIES
 UNDER THIS ARTICLE;
   (D)  RECEIVE  INFORMATION FROM THE PUBLIC REGARDING THE IDENTIFICATION
 AND PUBLIC DISCLOSURE OF CIVIL RIGHTS COLD CASE RECORDS; AND
   (E) HOLD HEARINGS, ADMINISTER OATHS, AND SUBPOENA DOCUMENTS AND  OTHER
 RECORDS.
   5.  ENFORCEMENT  OF  SUBPOENAS. ANY SUBPOENA ISSUED UNDER THIS SECTION
 SHALL BE ENFORCED BY ANY APPROPRIATE COURT ACTING PURSUANT TO  A  LAWFUL
 REQUEST OF THE REVIEW BOARD.
   6.  ADVISORY  COMMITTEES.  THE  REVIEW BOARD SHALL CREATE ANY ADVISORY
 COMMITTEES IT DEEMS NECESSARY TO FULFILL ITS RESPONSIBILITIES UNDER THIS
 ARTICLE.
 S. 5034                             4
 
   7. TERMINATION. (A) THE REVIEW BOARD SHALL TERMINATE  NOT  LATER  THAN
 FOUR YEARS AFTER THE DATE OF THE APPOINTMENT OF ITS MEMBERS.
   (B)  BEFORE  ITS TERMINATION, THE REVIEW BOARD SHALL SUBMIT REPORTS TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER  OF
 THE  ASSEMBLY,  INCLUDING A COMPLETE AND ACCURATE ACCOUNTING OF EXPENDI-
 TURES MADE DURING ITS EXISTENCE, AND SHALL COMPLETE ALL OTHER  REPORTING
 REQUIREMENTS UNDER THIS ARTICLE.
   (C)  UPON  TERMINATION,  THE  REVIEW  BOARD  SHALL TRANSFER ALL OF ITS
 RECORDS TO THE ARCHIVIST FOR INCLUSION IN THE COLLECTION.
   (D) THE RECORDS OF THE REVIEW BOARD SHALL  NOT  BE  DESTROYED,  EXCEPT
 THAT THE ARCHIVIST MAY DESTROY ROUTINE ADMINISTRATIVE RECORDS COVERED BY
 A  GENERAL RECORDS SCHEDULE FOLLOWING NOTIFICATION IN THE STATE REGISTER
 AND AFTER CONSIDERING COMMENTS.
   § 2. This act shall take effect immediately.