70-A - Statewide organized crime task force.

§ 70-a. Statewide  organized  crime  task  force.  1.  There  shall be  established within the department of law  a  statewide  organized  crime  task force which, pursuant to the provisions of this section, shall have  the duty and power:    (a)  To  conduct  investigations  and  prosecutions of organized crime  activities carried on either between two or more counties of this  state  or between this state and another jurisdiction;    (b)  To  cooperate  with and assist district attorneys and other local  law enforcement officials in their efforts against organized crime.    2. Notwithstanding any other provision of law, the  governor  and  the  attorney  general  may,  and  without civil service examination, jointly  appoint and employ, fix his compensation,  and  at  pleasure  remove,  a  deputy attorney general in charge of the organized crime task force. The  attorney general may, and without civil service examination, appoint and  employ, and at pleasure remove, such assistant deputies, accountants and  other  persons  as  he deems necessary, determine their duties and, with  the approval of the governor, fix their compensation.  The  payments  of  salaries and compensation of such officers and employees shall be in the  same manner as is prescribed in subdivision eight of section sixty-three  of this chapter.    3.  The  deputy attorney general in charge of the organized crime task  force may request and shall receive from the division of  state  police,  the  state  department  of taxation and finance, the state department of  labor, the temporary state commission of investigation, and  from  every  department,  division,  board, bureau, commission or other agency of the  state,  or  of  any  political  subdivision  thereof,  cooperation   and  assistance  in  the  performance  of  his  duties.  Such deputy attorney  general may provide technical  and  other  assistance  to  any  district  attorney  or  other  local  law  enforcement  official  requesting  such  assistance in the investigation or prosecution of organized crime cases.    4. The deputy attorney general in charge of the organized  crime  task  force is empowered to conduct hearings at any place within the state, to  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 he may  deem relevant or material to an investigation. He is empowered to  apply  for  search  warrants  pursuant  to  article  six  hundred ninety of the  criminal procedure law, and, except in exigent circumstances, shall give  prior notice of the application to the district attorney of  the  county  in  which  such  a warrant is to be executed, and in such circumstances,  shall give such notice as  soon  thereafter  as  practicable;  provided,  however, that the failure to give notice of a search warrant application  to  a  district  attorney shall not be a ground to suppress the evidence  seized in executing the warrant.   He  may  designate  an  assistant  to  exercise  any  such  powers.  Every witness attending before such deputy  attorney general or his assistant shall be examined  privately  and  the  particulars  of  such examination shall not be made public.  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 class A misdemeanor.    5.  Upon  the  application of the deputy attorney general in charge of  the organized crime task force, the supreme court or a  justice  thereof  may  impound  any  exhibit  marked  in  evidence  in any hearing held in  connection with an  investigation  conducted  by  such  deputy  attorney  general,  and  may order such exhibit to be retained by, or delivered toand placed in the custody of,  such  deputy.  When  so  impounded,  such  exhibit  shall  not be taken from the custody of such deputy except upon  further order of the court or a justice  thereof  made  upon  five  days  notice to such deputy, or upon his application or with his consent.    6.  In  any hearing held in connection with an investigation conducted  by the deputy attorney general in charge of  the  organized  crime  task  force,  the  attorney general may confer immunity in accordance with the  provisions of section 50.20 of the  criminal  procedure  law,  but  only  after  affording the appropriate district attorney the opportunity to be  heard in respect to any objections which he may have to the granting  of  such immunity.    7. With the approval of the governor and with the approval or upon the  request  of  the  appropriate  district  attorney,  the  deputy attorney  general in charge of the organized crime  task  force,  or  one  of  his  assistants, may attend in person any term of the county court or supreme  court   having  appropriate  jurisdiction,  including  an  extraordinary  special or trial term  of  the  supreme  court  when  one  is  appointed  pursuant  to  section  one  hundred  forty-nine of the judiciary law, or  appear before the grand jury thereof, for the purpose  of  managing  and  conducting  in  such  court  or  before  such  jury a criminal action or  proceeding concerned with an offense where any conduct  constituting  or  requisite  to  the  completion of or in any other manner related to such  offense occurred either in two or more counties of this state,  or  both  within  and  outside  this  state.  In  such  case, such deputy attorney  general or his assistant so attending shall exercise all the powers  and  perform  all the duties in respect of such actions or proceedings, which  the district attorney would  otherwise  be  authorized  or  required  to  exercise  or perform. In any of such actions or proceedings the district  attorney shall only exercise such powers and perform such duties as  are  required of him by such deputy attorney general.