SENATE, No. 813

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 22, 1996

By Senators LYNCH and McGREEVEY

An Act concerning the State Commission of Investigation, amending and supplementing P.L.1968, c.266 and amending P.L.1979, c.254.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 9 of P.L.1979, c.254(C.52:9M-12.1) is amended to read as follows:

    9. a. No person may be required to appear at a hearing or to testify at a hearing unless there has been personally served upon him prior to the time when he is required to appear, a copy of P.L.1968, c.266 as amended and supplemented, and a general statement of the subject of the investigation. A copy of the resolution, statute, order or other provision of law authorizing the investigation shall be furnished by the commission upon request therefor by the person summoned.

    b. A witness summoned to a hearing shall have the right to be accompanied by counsel, who shall be permitted to advise the witness of his rights, subject to reasonable limitations to prevent obstruction of or interference with the orderly conduct of the hearing. Counsel for any witness who testifies at a public or private hearing may submit proposed questions to be asked of the witness relevant to the matters upon which the witness has been questioned and the commission shall ask the witness such of the questions as it may deem appropriate to its inquiry.

    c. A complete and accurate record shall be kept of each public hearing and a witness shall be entitled to receive a copy of his testimony at such hearing at his own expense. Where testimony which a witness has given at a private hearing becomes relevant in a criminal proceeding in which the witness is a defendant, or in any subsequent hearing in which the witness is summoned to testify, the witness shall be entitled to a copy of such testimony, at his own expense, provided the same is available, and provided further that the furnishing of such copy will not prejudice the public safety or security.

    d. A witness who testifies at any hearing shall have the right at the conclusion of his examination to file a brief sworn statement relevant to his testimony for incorporation in the record.

    e. The commission shall notify any person whose name the commission believes will be mentioned at a public hearing. Any person whose name is mentioned or will be mentioned or who is specifically identified and who believes that testimony or other evidence given at a public hearing or comment made by any member of the commission or its counsel at such a hearing tends to defame him or otherwise adversely affect his reputation shall have the right, either in private or in public or both at a reasonably convenient time to be set by the commission, to appear personally before the commission, and testify in his own behalf as to matters relevant to the testimony or other evidence complained of, or in the alternative, to file a statement of facts under oath relating solely to matters relevant to the testimony or other evidence complained of, which statement shall be incorporated in the record.

    f. Nothing in this section shall be construed to prevent the commission from granting to witnesses appearing before it, or to persons who claim to be adversely affected by testimony or other evidence adduced before it, such further rights and privileges as it may determine.

(cf: P.L.1979, c.254, s.9)

    2. Section 20 of P.L.1968, c.266 is amended to read as follows:

    20. This act shall take effect immediately and remain in effect until [July 1, 1996] July 1, 2002.

(cf: P.L.1994, c.191, s.3)

    3. (New section) At least seven days prior to the issuance of a report disclosing any possible criminal wrongdoing, the State Commission of Investigation shall give written notice to the Attorney General of the commission's intention to issue that report and afford the Attorney General an opportunity to be heard with respect to any objections the Attorney General has to the issuance of the report. At the request of the Attorney General, the commission may delay the issuance of a report containing evidence of possible criminal wrongdoing for a period of up to 120 days.

    4. (New section) a. Whenever a proposed State Commission of Investigation report is critical of a person's conduct, a copy of the proposed report or the relevant portions thereof shall be sent to that person prior to the release of the report. Upon receipt, the person criticized shall have 15 days to submit a written response of a reasonable length which the commission shall include in the report together with any relevant evidence submitted by that person.

    b. Any report issued by the commission shall include any relevant evidence of a a reasonable length concerning a person criticized in the report which is of an exculpatory nature or which tends to exonerate the criticized person.

    c. A report issued by the commission shall include, upon request of the Attorney General, a statement indicating the results of any criminal prosecution or disciplinary action related to the report.

     5. (New section) In June of 2000, a special committee shall be established to review the activities of the State Commission of Investigation for the purpose of determining whether the statutory authorization for the commission's operation will be renewed. The special committee shall consist of seven members: three members to be appointed by the Governor, no more than two of whom shall be of the same political party; two members to be appointed by the President of the Senate, no more than one of whom shall be of the same political party and two members to be appointed by the Speaker of the General Assembly, no more than one of whom shall be of the same political party. This committee shall submit its report to the Governor and the Legislature no later than January 1, 2001.

    6. This act shall take effect immediately.

STATEMENT

    The present statutory authorization for the State Commission of Investigation is scheduled to expire on July 1 of this year. The report recently issued by the S.C.I. Review Committee recommends that the S.C.I. statutory authorization be extended until July 1, 2002. This bill would implement that recommendation.

    This bill would also require the S.C.I., whenever the S.C.I. intends to issue a report disclosing possible criminal wrongdoing, to notify the Attorney General and to afford the Attorney General the opportunity to raise any objections to issuance of the report. Under the bill, the Attorney General could also request that the S.C.I. delay the issuance of a report for a period of up to 120 days.

    Other provisions of the bill would:

    1. Provide that the S.C.I. not issue any report until any person adversely mentioned in the report has an opportunity to submit a written response.

    2. Require that the S.C.I. include in its reports any evidence of an exculpatory nature.

    3. Permit any person who testifies at a private hearing to submit proposed questions to the S.C.I.

    4. Require that the S.C.I. reports include, at the request of the Attorney General, a statement indicating the results of any criminal investigation or disciplinary action arising from that report.

    5. Provide for the establishment of a committee to review the status of the S.C.I. in the year 2000.

Proposes amendments to statutes governing the SCI.