NY State Senate Bill 2009-S7927

Senate Bill S7927

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 Senate Committee Elections 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
May 24, 2010	referred to elections

2009-S7927 (ACTIVE) - Details

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

2009-S7927 (ACTIVE) - Summary

Provides 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 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-S7927 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7927

 TITLE OF BILL :
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
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 PROVISIONS :
A new section, 17-163, is added to the general election law and
provides that any prosecutor or district attorney who knowingly
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 1.20 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.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None.
 EFFECTIVE DATE :
This act shall take effect immediately after having become law.

2009-S7927 (ACTIVE) - Bill Text download pdf

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

                                  7927

                            I N  S E N A T E

                              May 24, 2010
                               ___________

Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

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.
                                                           LBD15800-03-0

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