S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5172
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 12, 2015
                                      ___________
       Introduced by M. of A. O'DONNELL -- Multi-Sponsored by -- M. of A. PERRY
         -- read once and referred to the Committee on Judiciary
       AN  ACT  to  amend  the judiciary law, in relation to creating the state
         commission for the integrity of the criminal  justice  system,  as  an
         independent  agency,  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:
    1    Section  1.  Article 23 and sections 860 and 861 of the judiciary law,
    2  as renumbered by chapter 840 of the laws of 1983, are renumbered article
    3  24 and sections 1000 and 1001 and a new article 23 is added to  read  as
    4  follows:
    5                                  ARTICLE 23
    6                     STATE COMMISSION FOR THE INTEGRITY
    7                       OF THE CRIMINAL JUSTICE SYSTEM
    8  SECTION 900. DEFINITION.
    9          901. STATE  COMMISSION FOR THE INTEGRITY OF THE CRIMINAL JUSTICE
   10                 SYSTEM.
   11          902. PURPOSE AND CONDUCT OF THE COMMISSION.
   12          903. POWERS AND DUTIES.
   13          904. USE OF REPORTS.
   14    S 900. DEFINITION. AS USED IN THIS ARTICLE,  "COMMISSION"  SHALL  MEAN
   15  THE  STATE  COMMISSION  FOR THE INTEGRITY OF THE CRIMINAL JUSTICE SYSTEM
   16  ESTABLISHED PURSUANT TO SECTION NINE HUNDRED ONE OF THIS ARTICLE.
   17    S 901. STATE COMMISSION FOR THE  INTEGRITY  OF  THE  CRIMINAL  JUSTICE
   18  SYSTEM.  1.  THE  STATE  COMMISSION  FOR  THE  INTEGRITY OF THE CRIMINAL
   19  JUSTICE SYSTEM IS HEREBY ESTABLISHED AS AN  INDEPENDENT  AGENCY  OF  THE
   20  STATE. THE COMMISSION SHALL CONSIST OF TEN MEMBERS AS FOLLOWS:
   21    (A) THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES;
   22    (B) FOUR MEMBERS APPOINTED BY THE GOVERNOR, OF WHOM:
   23    (I) ONE SHALL BE A REPRESENTATIVE OF A LAW ENFORCEMENT AGENCY,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07580-01-5
       A. 5172                             2
    1    (II)  ONE SHALL BE A REPRESENTATIVE OF THE PUBLIC CRIMINAL DEFENSE BAR
    2  OR PRIVATE CRIMINAL DEFENSE BAR WHO SHALL BE APPOINTED UPON  THE  RECOM-
    3  MENDATION  OF  AN  ORGANIZATION  WITH MORE THAN SEVEN HUNDRED FIFTY DUES
    4  PAYING MEMBERS REPRESENTING SUCH PUBLIC OR PRIVATE DEFENSE SERVICES,
    5    (III)  ONE  SHALL  BE  A  REPRESENTATIVE OF VICTIMS RIGHTS ADVOCACY OR
    6  SERVICES ORGANIZATIONS, AND
    7    (IV) ONE SHALL BE A REPRESENTATIVE OF THE FORENSIC SCIENCE FIELD;
    8    (C) A MEMBER APPOINTED BY THE ATTORNEY GENERAL WHO SHALL BE  A  REPRE-
    9  SENTATIVE OF PROSECUTION SERVICES;
   10    (D)  TWO MEMBERS APPOINTED BY THE CHIEF JUDGE OF THE COURT OF APPEALS,
   11  OF WHOM:
   12    (I) ONE SHALL BE A RETIRED JUDGE OR JUSTICE OF A NEW YORK STATE  COURT
   13  OF RECORD, AND
   14    (II)  ONE SHALL BE A PROFESSOR OF LAW OR A RETIRED FULL TIME PROFESSOR
   15  OF LAW WHO HAS TAUGHT LAW  SCHOOL  COURSES  IN  CRIMINAL  LAW,  CRIMINAL
   16  PROCEDURE,  CONSTITUTIONAL LAW, OR EVIDENCE AT AN ACCREDITED POST-GRADU-
   17  ATE COLLEGE IN NEW YORK STATE;
   18    (E) ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, WHO
   19  SHALL BE A MEMBER OF THE PUBLIC-AT-LARGE; AND
   20    (F) ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY, WHO SHALL  BE
   21  A MEMBER OF THE PUBLIC-AT-LARGE.
   22    2. THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES SHALL SERVE AN INDEF-
   23  INITE  TERM. THE MEMBERS APPOINTED BY THE GOVERNOR SHALL SERVE A TERM OF
   24  FOUR YEARS. THE RETIRED JUDGE OR JUSTICE APPOINTED BY  THE  CHIEF  JUDGE
   25  SHALL  SERVE  A  TERM  OF  THREE  YEARS. THE PROFESSOR OF LAW OR RETIRED
   26  PROFESSOR OF LAW APPOINTED BY THE CHIEF JUDGE SHALL SERVE A TERM OF  TWO
   27  YEARS.  THE  MEMBERS  APPOINTED  BY  THE ATTORNEY GENERAL, THE TEMPORARY
   28  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL EACH SERVE
   29  A TERM OF TWO YEARS.  EACH OF THE MEMBERS OF THE COMMISSION, EXCEPT  THE
   30  COMMISSIONER  OF  CRIMINAL  JUSTICE SERVICES, APPOINTED THEREAFTER SHALL
   31  SERVE A TERM OF FIVE YEARS.  EVERY VACANCY OCCURRING PRIOR TO THE  EXPI-
   32  RATION OF A MEMBER'S TERM SHALL BE FILLED FOR THE REMAINDER OF SUCH TERM
   33  IN  THE  MANNER PROVIDED FOR THE ORIGINAL APPOINTMENT TO SUCH TERM. UPON
   34  THE EXPIRATION OF THE TERM OF A MEMBER OF THE  COMMISSION,  SUCH  MEMBER
   35  SHALL CONTINUE TO SERVE UNTIL HIS OR HER SUCCESSOR IS APPOINTED.
   36    3.  THE  COMMISSION  SHALL ELECT A CHAIR FROM AMONGST ITS MEMBERS BY A
   37  MAJORITY VOTE OF THE MEMBERS THEREOF.
   38    4. NO MEMBER OF THE COMMISSION SHALL BE DISQUALIFIED FROM HOLDING  ANY
   39  PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
   40  OR  EMPLOYMENT,  BY  REASON  OF  HIS OR HER APPOINTMENT PURSUANT TO THIS
   41  SECTION, AND THE MEMBERS OF THE COMMISSION SHALL BE REQUIRED TO TAKE AND
   42  FILE OATHS OF OFFICE BEFORE SERVING ON THE COMMISSION.
   43    5. THE COMMISSION SHALL MEET AT LEAST FOUR TIMES EACH YEAR  AT  PREDE-
   44  TERMINED  TIMES  AND  LOCATIONS  ANNOUNCED IN ADVANCE, AND AT SUCH OTHER
   45  TIMES AS THE CHAIR OF THE COMMISSION  OR  FOUR  OR  MORE  MEMBERS  SHALL
   46  DETERMINE TO BE NECESSARY.
   47    6.  FOR  ANY  ACTION  AUTHORIZED  BY THIS ARTICLE, FIVE MEMBERS OF THE
   48  COMMISSION SHALL CONSTITUTE A QUORUM AND, EXCEPT AS  OTHERWISE  PROVIDED
   49  IN  SUBDIVISIONS  THREE AND FIVE OF THIS SECTION, THE CONCURRENCE OF SIX
   50  MEMBERS OF THE COMMISSION SHALL BE NECESSARY.
   51    7. THE MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT SALARY  OR  OTHER
   52  COMPENSATION,  BUT  SHALL  BE  ENTITLED  TO RECEIVE ACTUAL AND NECESSARY
   53  EXPENSES INCURRED IN THE DISCHARGE OF  THEIR  DUTIES  PURSUANT  TO  THIS
   54  ARTICLE.
   55    S  902.  PURPOSE  AND CONDUCT OF THE COMMISSION.  THE COMMISSION SHALL
   56  REVIEW ANY CRIMINAL OR JUVENILE CASE INVOLVING A WRONGFUL CONVICTION AND
       A. 5172                             3
    1  RECOMMEND REFORMS  TO  LESSEN  THE  LIKELIHOOD  OF  A  SIMILAR  WRONGFUL
    2  CONVICTION OCCURRING IN THE FUTURE.
    3    WHENEVER  A  PERSON WHO HAS BEEN CONVICTED OF A CRIME OR ADJUDICATED A
    4  YOUTHFUL OFFENDER IS SUBSEQUENTLY DETERMINED  TO  BE  INNOCENT  OF  SUCH
    5  CRIME  OR OFFENSE AND EXONERATED, THE COMMISSION SHALL CONDUCT AN INVES-
    6  TIGATION, HOLD HEARINGS ON AND  MAKE  FINDINGS  OF  FACT  REGARDING  THE
    7  WRONGFUL  CONVICTION  IN  ORDER  TO DETERMINE THE CAUSE OR CAUSES OF THE
    8  WRONGFUL CONVICTION.
    9    UPON THE COMPLETION OF SUCH  PROCESS,  THE  COMMISSION,  WITHIN  SIXTY
   10  DAYS,  SHALL  ISSUE A PRELIMINARY WRITTEN REPORT OF ITS FINDINGS OF FACT
   11  AND CONCLUSIONS, AND ANY RECOMMENDATIONS TO PREVENT WRONGFUL CONVICTIONS
   12  FROM OCCURRING UNDER SIMILAR CIRCUMSTANCES IN THE FUTURE.    WITHIN  ONE
   13  HUNDRED  TWENTY  DAYS AFTER ISSUING SUCH PRELIMINARY REPORT, THE COMMIS-
   14  SION SHALL ISSUE ITS REPORT AND RECOMMENDATIONS CONCERNING  THE  MATTER.
   15  SUCH  REPORT  AND RECOMMENDATIONS SHALL BE MADE AVAILABLE TO THE PUBLIC,
   16  AND SHALL BE DELIVERED TO THE GOVERNOR, ATTORNEY GENERAL, CHIEF JUDGE OF
   17  THE COURT OF APPEALS, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF  THE
   18  ASSEMBLY,  AND  TO  ANY  GOVERNMENTAL UNIT OR AGENCY THAT THE COMMISSION
   19  FINDS MAY HAVE BEEN INVOLVED IN THE INVESTIGATION OR ADJUDICATION OF THE
   20  WRONGFUL CONVICTION. THE COMMISSION SHALL ALSO MAKE AVAILABLE AN  ANNUAL
   21  REPORT  DETAILING, AT A MINIMUM, THE NUMBER OF CASES ACCEPTED FOR FORMAL
   22  AND INFORMAL INVESTIGATION, THE NUMBER OF COMPLETED  INVESTIGATIONS  AND
   23  THE STATUS OF ON-GOING OR PENDING INVESTIGATIONS.
   24    S  903.  POWERS  AND  DUTIES. THE COMMISSION SHALL HAVE THE POWERS AND
   25  DUTIES TO:
   26    1. ESTABLISH ITS OWN REASONABLE RULES AND  PROCEDURES  CONCERNING  THE
   27  CONDUCT  OF  ITS  MEETINGS AND OTHER AFFAIRS RELATED TO IMPLEMENTING THE
   28  PROVISIONS OF THIS ARTICLE;
   29    2. EMPLOY AND REMOVE SUCH OFFICERS, INVESTIGATORS AND EMPLOYEES AS  IT
   30  MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS POWERS AND DUTIES PURSUANT
   31  TO  THIS  ARTICLE,  AND  FIX  THEIR COMPENSATION WITHIN THE AMOUNTS MADE
   32  AVAILABLE THEREFOR;
   33    3. CONDUCT INVESTIGATIONS AND HEARINGS, ADMINISTER OATHS  OR  AFFIRMA-
   34  TIONS,  SUBPOENA  WITNESSES, COMPEL THEIR ATTENDANCE, EXAMINE THEM UNDER
   35  OATH OR AFFIRMATION, REQUIRE PRODUCTION OF ANY BOOKS, RECORDS, DOCUMENTS
   36  OR OTHER EVIDENCE THAT IT MAY DEEM RELEVANT OR MATERIAL TO  AN  INVESTI-
   37  GATION,  AND MAY DESIGNATE ANY OF ITS MEMBERS, OFFICERS OR INVESTIGATORS
   38  TO EXERCISE ANY SUCH POWERS; PROVIDED, HOWEVER, NOTHING IN THIS SUBDIVI-
   39  SION SHALL AUTHORIZE THE ISSUANCE OF A SUBPOENA OR COMPELLED QUESTIONING
   40  OF THE TRIAL COURT JUDGE OR ANY APPELLATE  COURT  JUDGE  CONCERNING  THE
   41  JUDGE'S MENTAL PROCESSES IN ARRIVING AT ANY DECISION IN A CASE;
   42    4.  REQUEST  AND  RECEIVE FROM ANY COURT, DEPARTMENT, DIVISION, BOARD,
   43  BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE OR A POLITICAL  SUBDIVI-
   44  SION  THEREOF  OR  ANY  PUBLIC  AUTHORITY  SUCH ASSISTANCE, INFORMATION,
   45  RECORDS AND DATA AS WILL ENABLE IT TO PROPERLY CARRY OUT ITS POWERS  AND
   46  DUTIES;
   47    5.  ISSUE  PRELIMINARY REPORTS ON ANY INVESTIGATION CONDUCTED PURSUANT
   48  TO THIS ARTICLE, WHICH PRELIMINARY REPORTS  SHALL  INCLUDE  FINDINGS  OF
   49  FACT  AND RECOMMENDATIONS, AND INVITE ANY PARTY DIRECTLY INVOLVED IN THE
   50  WRONGFUL CONVICTION, WHICH IS THE SUBJECT OF THE  REPORT,  TO  SUBMIT  A
   51  REPLY  WITHIN  SIXTY  DAYS  TO THE COMMISSION CONCERNING THE FINDINGS OF
   52  FACT AND RECOMMENDATIONS IN THE REPORT. ANY SUCH  REPLY  SHALL  BE  MADE
   53  AVAILABLE  BY  THE COMMISSION, TOGETHER WITH ANY RESPONSE BY THE COMMIS-
   54  SION THERETO, TO THE PARTIES LISTED IN SECTION NINE HUNDRED TWO OF  THIS
   55  ARTICLE  AS PART OF THE COMMISSION'S REPORT AND RECOMMENDATIONS CONCERN-
   56  ING THE MATTER; AND
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    1    6. DO ALL OTHER THINGS NECESSARY  AND  CONVENIENT  TO  CARRY  OUT  THE
    2  PROVISIONS OF THIS ARTICLE.
    3    S 904. USE OF REPORTS. NO PRELIMINARY REPORT, REPORT OR PORTION THERE-
    4  OF  ISSUED  PURSUANT  TO THIS ARTICLE SHALL BE ADMITTED INTO EVIDENCE OR
    5  USED IN ANY CIVIL OR CRIMINAL CAUSE OF ACTION RELATING TO A MATTER WHICH
    6  IS THE SUBJECT OF SUCH REPORT.
    7    S 2. This act shall take effect on the ninetieth day  after  it  shall
    8  have become a law, provided that the officials who are empowered by this
    9  act  to appoint members of the state commission for the integrity of the
   10  criminal justice  system  are  authorized  and  directed  to  make  such
   11  appointments on or before such effective date pursuant to section 901 of
   12  the judiciary law, as added by section one of this act.