NY State Assembly Bill 2009-A10700

Assembly Bill A10700

2009-2010 Legislative Session

Provides that any district attorney who knowingly solicits, accepts or receives any gift or anything else of value, under any circumstance from a criminal defendant, is guilty of a misdemeanor

download bill text pdf

Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2010	print number 10700a
Jun 01, 2010	amend (t) and recommit to election law
Apr 14, 2010	referred to election law

Bill Amendments

Original

A (Active)

2009-A10700 - Details

Current Committee:: Assembly Election Law
Law Section:: Election Law
Laws Affected:: Add §17-163, El L

2009-A10700 - Summary

Provides that any district attorney who solicits, accepts or receives any gift, service, hospitality, thing or promise, campaign donation, or anything else of value, under any circumstance from a criminal defendant, the defendant's attorney, or the family, employees or business partners of the defendant's attorney while prosecution of the defendant is pending, is guilty of a misdemeanor.

2009-A10700 - Sponsor Memo

                                BILL NUMBER:A10700

TITLE OF BILL:
An act
to amend the election law, in relation to providing that any district
attorney who solicits, accepts or receives any gift, service,
hospitality, thing or promise, campaign donation, or anything else of
value, under any circumstance from a criminal defendant, is guilty of a
misdemeanor

PURPOSE OR GENERAL IDEA OF BILL: To eliminate
conflicts of interest
and the appearance of a conflict of interest between a prosecutor or
district attorney and a criminal defendant or defense attorney by
prohibiting the solicitation or acceptance of a gift, service,
campaign donation or anything else of value by a prosecutor or
district attorney from a criminal defendant, or the defendant's
attorney, while he or she is prosecuting the defendant.

SUMMARY OF SPECIFIC PROVISIONS:
A new section, 17-163, is added to the general election law and
provides that any prosecutor or district attorney who solicits,
accepts or receives any gift, service, loan, thing or promise,
campaign donation, or anything else of value, under any circumstance
from a criminal defendant, or the defendant's attorney, while the
prosecution of the defendant is pending, is guilty of a misdemeanor.

JUSTIFICATION:
The state, counties and cities of New York employ several hundred
elected persons to serve as prosecutors and district attorneys who
specialize in the prosecution of criminal offenses. The roles and
duties of these public officials are defined in section 120 of the
criminal procedure law. It is imperative that these prosecutors and
district attorneys be fair, impartial and not subject to any
conflicts of interest.

Currently, New York does not prohibit prosecutors and district
attorneys from receiving 'of value' contributions from the defendants
they are prosecuting or the defendant's attorney or the family,
employees or business partners of the defendant's attorney. The
result can lead to obvious conflicts of interest with the proper
performance of the prosecutor or district attorney's duties in the
public interest.

This proposed legislation would prohibit prosecutors and district
attorneys from soliciting, accepting or receiving any gift, service,
loan travel, entertainment, hospitality, campaign donation or
anything else of value under any circumstance from a criminal
defendant they are prosecuting or from the defendant's attorney or
the family, employees or business partners of the defendant's
attorney while the prosecution of the defendant is pending. A

violation of this new section of the election law will be a
misdemeanor as provided for under section 17-166 of the election law.

The adoption of this legislation will help alleviate any suspicion by
the public that a prosecutor or district attorney is engaged in
certain acts that are in violation of public trust Furthermore, it
will end an obvious conflict of interest currently allowed by New
York State's election law.

PRIOR LEGISLATIVE HISTORY: New legislation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None

EFFECTIVE DATE: This act takes effect immediately.

2009-A10700 - Bill Text download pdf

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

                                  10700

                          I N  A S S E M B L Y

                             April 14, 2010
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred to the
  Committee on Election Law

AN ACT to amend the election law, in  relation  to  providing  that  any
  district attorney who solicits, accepts or receives any gift, service,
  hospitality,  thing or promise, campaign donation, or anything else of
  value, under any circumstance from a criminal defendant, is guilty  of
  a misdemeanor

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

  Section 1. The election law is amended by adding a new section  17-163
to read as follows:
  S  17-163.  MISDEMEANOR  CONCERNING  DISTRICT  ATTORNEY  SOLICITATION,
ACCEPTANCE OR RECEIPT OF GIFTS.  ANY  DISTRICT  ATTORNEY  WHO  SOLICITS,
ACCEPTS  OR  RECEIVES  ANY  GIFT,  SERVICE, LOAN, TRAVEL, ENTERTAINMENT,
HOSPITALITY, THING OR PROMISE, CAMPAIGN DONATION, OR  ANYTHING  ELSE  OF
VALUE, UNDER ANY CIRCUMSTANCE FROM A CRIMINAL DEFENDANT, THE DEFENDANT'S
ATTORNEY,  OR THE FAMILY, EMPLOYEES, OR BUSINESS PARTNERS OF THE DEFEND-
ANT'S ATTORNEY, WHILE PROSECUTION OF THE DEFENDANT IS PENDING, IS GUILTY
OF A MISDEMEANOR.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15800-02-0

2009-A10700A (ACTIVE) - Details

Current Committee:: Assembly Election Law
Law Section:: Election Law
Laws Affected:: Add §17-163, El L

2009-A10700A (ACTIVE) - Summary

2009-A10700A (ACTIVE) - Bill Text download pdf

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

                                10700--A

                          I N  A S S E M B L Y

                             April 14, 2010
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred to the
  Committee on Election  Law  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  election law, in relation to providing that any
  district attorney who knowingly  solicits,  accepts  or  receives  any
  gift,  service,  hospitality,  thing or promise, campaign donation, or
  anything else of value, under any circumstance from a criminal defend-
  ant, is guilty of a misdemeanor

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

  Section  1. The election law is amended by adding a new section 17-163
to read as follows:
  S  17-163.  MISDEMEANOR  CONCERNING  DISTRICT  ATTORNEY  SOLICITATION,
ACCEPTANCE  OR  RECEIPT  OF  GIFTS.  ANY DISTRICT ATTORNEY WHO KNOWINGLY
SOLICITS, ACCEPTS OR RECEIVES ANY GIFT, SERVICE,  LOAN,  TRAVEL,  ENTER-
TAINMENT,  HOSPITALITY, THING OR PROMISE, CAMPAIGN DONATION, OR ANYTHING
ELSE OF VALUE, UNDER ANY CIRCUMSTANCE FROM  A  CRIMINAL  DEFENDANT,  THE
DEFENDANT'S  ATTORNEY, OR THE FAMILY, EMPLOYEES, OR BUSINESS PARTNERS OF
THE DEFENDANT'S ATTORNEY, WHILE PROSECUTION OF THE DEFENDANT IS PENDING,
IS GUILTY OF A MISDEMEANOR.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15800-05-0

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