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Assembly Bill A1872

2009-2010 Legislative Session

Establishes ethical standards for prosecutors

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Archive: Last Bill Status - In Assembly Committee

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2009-A1872 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
County Law
Laws Affected:
Add ยง708, County L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2190
2013-2014: A2933
2015-2016: A3480

2009-A1872 (ACTIVE) - Summary

Establishes ethical standards for districts attorneys and their offices; violation thereof shall constitute professional misconduct under the judiciary law.

2009-A1872 (ACTIVE) - Bill Text download pdf 

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

                                  1872

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Governmental Operations

AN  ACT  to  amend  the county law, in relation to ethical standards for
  district attorneys

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

  Section  1.  The  county law is amended by adding a new section 708 to
read as follows:
  S 708. ETHICAL STANDARDS.  1.  DISTRICT  ATTORNEYS,  SPECIAL  DISTRICT
ATTORNEY,  ASSISTANT  DISTRICT  ATTORNEY AND EVERY ATTORNEY APPOINTED TO
PROSECUTE A CRIMINAL PROCEEDING PURSUANT  TO  THIS  ARTICLE,  AND  EVERY
EMPLOYEE  THEREOF  SHALL  BE  SUBJECT TO THE LAWS, RULES AND REGULATIONS
REGULATING THE CONDUCT OF ATTORNEYS AND COUNSELLORS AT  LAW  WITHIN  THE
DEPARTMENT  OF  THE APPELLATE DIVISION OF THE SUPREME COURT WITHIN WHICH
SUCH ATTORNEY PROSECUTES CRIMINAL PROCEEDINGS.
  2. NO SUCH ATTORNEY SHALL:
  (A) IN THE ABSENCE OF  PROBABLE  CAUSE,  SEEK  AN  INDICTMENT  OF  ANY
PERSON;
  (B)  FAIL TO RELEASE ANY EXCULPATORY EVIDENCE TO AN INDICTED DEFENDANT
IN A TIMELY MANNER;
  (C) INTENTIONALLY MISLEAD A COURT AS TO THE GUILT OF ANY DEFENDANT;
  (D) INTENTIONALLY PRESENT EVIDENCE WHICH HE OR SHE KNOWS IS  FALSE  OR
INACCURATE;
  (E) INTENTIONALLY ALTER EVIDENCE;
  (F) ATTEMPT TO INFLUENCE OR CHANGE THE TESTIMONY OF A WITNESS;
  (G) IMPEDE A DEFENDANT'S RIGHT TO DISCOVERY OR EXCULPATORY EVIDENCE;
  (H)  OFFER  OR  PROVIDE  SEXUAL CONTACT WITH ANY PERSON ACTING ON SUCH
ATTORNEY'S BEHALF, TO ANY POTENTIAL WITNESS;
  (I) IMPROPERLY RELEASE ANY INFORMATION RELATING TO A CRIMINAL INVESTI-
GATION OR PROSECUTION;
  (J) KNOWINGLY MISREPRESENT STATUTORY OR CASE LAW;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00157-01-9

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