senate Bill S6286A

2013-2014 Legislative Session

Establishes the commission on prosecutorial conduct

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2014 committee discharged and committed to rules
Jun 11, 2014 print number 6286a
amend and recommit to finance
May 06, 2014 reported and committed to finance
Jan 09, 2014 referred to judiciary

Votes

view votes

May 6, 2014 - Judiciary committee Vote

S6286
20
0
committee
20
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

S6286 - Details

See Assembly Version of this Bill:
A8634A
Law Section:
Judiciary Law
Laws Affected:
Add Art 15-A §§499-a - 499-j, Judy L

S6286 - Summary

Establishes the commission on prosecutorial conduct.

S6286 - Sponsor Memo

S6286 - Bill Text download pdf

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

                                  6286

                            I N  S E N A T E

                             January 9, 2014
                               ___________

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

AN ACT to amend the judiciary  law,  in  relation  to  establishing  the
  commission on prosecutorial conduct

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

  Section 1. The judiciary law is amended by adding a new  article  15-A
to read as follows:
                              ARTICLE 15-A
                STATE COMMISSION ON PROSECUTORIAL CONDUCT
SECTION 499-A. DEFINITIONS.
        499-B. STATE COMMISSION ON PROSECUTORIAL CONDUCT; ORGANIZATION.
        499-C. FUNCTIONS; POWERS AND DUTIES.
        499-D. PANELS; REFEREES.
        499-E. COMPLAINT; INVESTIGATION; HEARING AND DISPOSITION.
        499-F. CONFIDENTIALITY OF RECORDS.
        499-G. BREACH OF CONFIDENTIALITY OF COMMISSION INFORMATION.
        499-H. RESIGNATION  NOT TO DIVEST COMMISSION OR COURT OF APPEALS
                 OF JURISDICTION.
        499-I. EFFECT.
  S 499-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE  THE  FOLLOWING
TERMS HAVE THE FOLLOWING MEANINGS:
  1. "COMMISSION" MEANS THE STATE COMMISSION ON PROSECUTORIAL CONDUCT.
  2.  "PROSECUTOR"  MEANS ANY PERSON WHO REPRESENTS THE STATE OR A POLI-
TICAL SUBDIVISION OF THE STATE IN AN ACTION TO EXACT  A  PENALTY,  FINE,
SANCTION OR FORFEITURE.
  3. "HEARING" MEANS A PROCEEDING UNDER SUBDIVISION FOUR OF SECTION FOUR
HUNDRED NINETY-NINE-E OF THIS ARTICLE.
  4.  "MEMBER OF THE BAR" MEANS A PERSON ADMITTED TO THE PRACTICE OF LAW
IN THIS STATE FOR AT LEAST FIVE YEARS.
  S 499-B. STATE COMMISSION ON PROSECUTORIAL CONDUCT; ORGANIZATION.   1.
A  STATE  COMMISSION ON PROSECUTORIAL CONDUCT IS HEREBY ESTABLISHED. THE
COMMISSION SHALL CONSIST  OF  ELEVEN  MEMBERS,  OF  WHOM  TWO  SHALL  BE
APPOINTED BY THE GOVERNOR, TWO BY THE TEMPORARY PRESIDENT OF THE SENATE,

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

Co-Sponsors

S6286A (ACTIVE) - Details

See Assembly Version of this Bill:
A8634A
Law Section:
Judiciary Law
Laws Affected:
Add Art 15-A §§499-a - 499-j, Judy L

S6286A (ACTIVE) - Summary

Establishes the commission on prosecutorial conduct.

S6286A (ACTIVE) - Sponsor Memo

S6286A (ACTIVE) - Bill Text download pdf

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

                                 6286--A

                            I N  S E N A T E

                             January 9, 2014
                               ___________

Introduced  by Sens. DeFRANCISCO, AVELLA, HASSELL-THOMPSON -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Judiciary -- reported favorably from said committee  and  committed
  to  the  Committee  on  Finance -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the judiciary  law,  in  relation  to  establishing  the
  commission on prosecutorial conduct

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

  Section 1. The judiciary law is amended by adding a new  article  15-A
to read as follows:
                              ARTICLE 15-A
                STATE COMMISSION ON PROSECUTORIAL CONDUCT
SECTION 499-A. ESTABLISHMENT OF COMMISSION.
        499-B. DEFINITIONS.
        499-C. STATE COMMISSION ON PROSECUTORIAL CONDUCT; ORGANIZATION.
        499-D. FUNCTIONS; POWERS AND DUTIES.
        499-E. PANELS; REFEREES.
        499-F. COMPLAINT; INVESTIGATION; HEARING AND DISPOSITION.
        499-G. CONFIDENTIALITY OF RECORDS.
        499-H. BREACH OF CONFIDENTIALITY OF COMMISSION INFORMATION.
        499-I. RESIGNATION  NOT TO DIVEST COMMISSION OR COURT OF APPEALS
                 OF JURISDICTION.
        499-J. EFFECT.
  S 499-A. ESTABLISHMENT OF COMMISSION. A STATE COMMISSION OF PROSECUTO-
RIAL CONDUCT IS  HEREBY  ESTABLISHED.  THE  COMMISSION  SHALL  HAVE  THE
AUTHORITY  TO  REVIEW  THE  CONDUCT  OF PROSECUTORS UPON THE FILING OF A
COMPLAINT WITH THE COMMISSION  TO  DETERMINE  WHETHER  SAID  CONDUCT  AS
ALLEGED  DEPARTS  FROM THE APPLICABLE STATUTES, CASE LAW, NEW YORK RULES
OF PROFESSIONAL RESPONSIBILITY AND RULE 3.8 (SPECIAL RESPONSIBILITIES OF
PROSECUTORS) OF THE MODEL RULES OF PROFESSIONAL CONDUCT OF THE  AMERICAN
BAR ASSOCIATIONS.
  S  499-B.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING
TERMS HAVE THE FOLLOWING MEANINGS:

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.