Senate Bill S120

2009-2010 Legislative Session

Establishes guidelines of professional conduct for activities by district attorneys

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Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S120 (ACTIVE) - Details

See Assembly Version of this Bill:
A4622
Current Committee:
Senate Local Government
Law Section:
County Law
Laws Affected:
Add §708, County L
Versions Introduced in 2011-2012 Legislative Session:
S1651, A5511

2009-S120 (ACTIVE) - Summary

Establishes guidelines of professional conduct for activities by district attorneys and other public prosecutors; includes prohibition against certain extra judicial statements and defines a duty of prosecutorial care.

2009-S120 (ACTIVE) - Sponsor Memo

2009-S120 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   120

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the county law, in relation to  establishing  guidelines
  of professional conduct for activities by district attorneys

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings.   The legislature hereby  finds  that
district  attorneys  and  other  public  prosecutors, as public officers
charged with overseeing that justice is done, owe a duty of fair dealing
to those accused and candor to the courts. This act seeks to ensure that
New York state's district attorneys and other public prosecutors  comply
with  these fundamental duties by establishing a minimum code of conduct
to guide their behavior in the performance of their  official  responsi-
bilities.
  The  legislature  also  recognizes that the state and its citizens are
served not only when the guilty are convicted but when  criminal  trials
are  fair  and  that our system of the administration of justice suffers
when any accused is treated unfairly. This act seeks to  guarantee  that
district  attorneys  and other public prosecutors make timely disclosure
to the defense of all evidence required to be disclosed pursuant to  the
laws  and the constitution of the state of New York and the constitution
of the United States.
  The legislature further  finds  that  collaboration  between  district
attorneys  and  the  press as to information affecting the fairness of a
criminal proceeding is not only subject to  regulation,  but  is  highly
censurable and worthy of penalties therefor. This act seeks to achieve a
fair  balance between a district attorney's or other public prosecutor's
right of free speech and society's interest in protecting the  integrity
of  the  criminal proceedings and thereby guaranteeing a fair and impar-
tial trial. It is the intent of this legislature to insure that informa-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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