NY Jud L § 499-D (2021)
2021 New York Laws JUD - Judiciary Article 15-A - State Commission on Prosecutorial Conduct 499-D - Functions; Powers and Duites.

§  499-d.  Functions; powers and duties. The commission shall have the   following functions, powers and duties:1.  To  conduct  hearings  and  investigations,  administer  oaths  or   affirmations,  subpoena witnesses, compel their attendance, examine them   under oath or affirmation and  require  the  production  of  any  books,   records,  documents  or  other  evidence  that  it  may deem relevant or   material to an investigation; and the commission may  designate  any  of   its  members  or  any  member  of its staff to exercise any such powers,   provided, however, that except as is otherwise provided in section  four   hundred  ninety-nine-e  of this article, only a member of the commission   or the administrator shall exercise the power to subpoena  witnesses  or   require  the  production of books, records, documents or other evidence.   In accordance with  section  twenty-three  hundred  four  of  the  civil   practice  law  and  rules,  a  request  to withdraw or modify a subpoena   issued pursuant to this article may be made to the person who issued  it   and/or  to  the  commission.  The  prosecuting  agency  may  inform  the   commission, by affirmation with specificity and particularity, in a form   and manner in which shall  be  prescribed  by  the  commission,  of  its   position   that   the  commission's  investigations  will  substantially   interfere  with  the  agency's  own  criminal  investigation.   If   the   prosecuting  agency  informs  the  commission  of  its  basis  for  that   position, the commission shall only exercise its powers in  a  way  that   will  not interfere with an agency's active investigation or prosecution   and in no event shall the commission exercise its powers  prior  to  the   earlier  of:  (a) the filing of an accusatory instrument with respect to   the crime or crimes that led to such prosecuting agency's  investigation   and underlie the complaint; or (b) one year from the commencement of the   occurrence  of the crime or crimes that led to such prosecuting agency's   investigation and underlie the complaint.2. To confer immunity when  the  commission  deems  it  necessary  and   proper  in  accordance with section 50.20 of the criminal procedure law;   provided, however, that at least forty-eight hours prior written  notice   of  the  commission's  intention  to  confer  such immunity is given the   attorney general and the appropriate district attorney.3. To request and receive from any court, department, division, board,   bureau,  commission,  or  other  agency  of  the  state   or   political   subdivision thereof or any public authority such assistance, information   and  data  as will enable it properly to carry out its functions, powers   and duties.4. To report annually, on or before the first day  of  March  in  each   year  and at such other times as the commission shall deem necessary, to   the governor, the legislature and  the  chief  judge  of  the  court  of   appeals,  with respect to proceedings which have been finally determined   by  the  commission.  Such   reports   may   include   legislative   and   administrative  recommendations.  The  contents of the annual report and   any other report  shall  conform  to  the  provisions  of  this  article   relating to confidentiality.5.  To  adopt, promulgate, amend and rescind rules and procedures, not   otherwise inconsistent with law, necessary to carry out  the  provisions   and  purposes  of  this  article. All such rules and procedures shall be   filed in the offices of the chief administrator of the  courts  and  the   secretary of state.6.  To  do  all other things necessary and convenient to carry out its   functions, powers and duties expressly set forth in this article.