Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to local government |
Jan 07, 2009 |
referred to local government |
Senate Bill S120
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
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
Actions
co-Sponsors
(D) Senate District
2009-S120 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4622
- Current Committee:
- Senate Local Government
- Law Section:
- County Law
- Laws Affected:
- Add ยง708, County L
- Versions Introduced in 2011-2012 Legislative Session:
-
S1651, A5511
2009-S120 (ACTIVE) - Sponsor Memo
BILL NUMBER: S120 TITLE OF BILL : An act to amend the county law, in relation to establishing guidelines of professional conduct for activities by district attorneys PURPOSE OR GENERAL IDEA OF BILL : This bill codifies several of the statutory, constitutional and ethical obligations imposed upon district attorneys into a single code of professional conduct enforceable by the Temporary State Commission of Investigation. SUMMARY OF SPECIFIC PROVISIONS : Adds a new section 708 to the County Law establishing guidelines of professional conduct for activities by district attorneys and other public prosecutors: Section 708(1) prohibits a district attorney from making certain types of extrajudicial statements which are likely to prejudice materially a criminal proceeding and enumerates which extrajudicial statements are permitted; Section 708(2) provides that district attorneys shall make timely disclosure of all BRADY material and shall exercise reasonable care to prevent their subordinates from making a prohibited extrajudicial
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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