assembly Bill A8634A

2013-2014 Legislative Session

Establishes the commission on prosecutorial conduct

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2014 reported referred to rules
Jun 18, 2014 reported referred to ways and means
Jun 13, 2014 print number 8634a
Jun 13, 2014 amend and recommit to codes
May 28, 2014 reported referred to codes
Jan 29, 2014 referred to judiciary

Co-Sponsors

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Multi-Sponsors

A8634 - Details

See Senate Version of this Bill:
S6286
Current Committee:
Assembly Rules
Law Section:
Judiciary Law
Laws Affected:
Add Art 15-A §§499-a - 499-j, Judy L
Versions Introduced in 2015-2016 Legislative Session:
A1131, S24

A8634 - Summary

Establishes the commission on prosecutorial conduct.

A8634 - Bill Text download pdf

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

                                  8634

                          I N  A S S E M B L Y

                            January 29, 2014
                               ___________

Introduced  by M. of A. PERRY -- read once and referred 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

view additional co-sponsors

Multi-Sponsors

A8634A (ACTIVE) - Details

See Senate Version of this Bill:
S6286
Current Committee:
Assembly Rules
Law Section:
Judiciary Law
Laws Affected:
Add Art 15-A §§499-a - 499-j, Judy L
Versions Introduced in 2015-2016 Legislative Session:
A1131, S24

A8634A (ACTIVE) - Summary

Establishes the commission on prosecutorial conduct.

A8634A (ACTIVE) - Bill Text download pdf

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

                                 8634--A

                          I N  A S S E M B L Y

                            January 29, 2014
                               ___________

Introduced  by  M.  of  A.  PERRY,  CAMARA,  MAGNARELLI, TITUS, SOLAGES,
  MOSLEY, GANTT, CLARK, RIVERA, BROOK-KRASNY, GOTTFRIED, WRIGHT, DAVILA,
  HEASTIE, AUBRY, RODRIGUEZ -- Multi-Sponsored by  --  M.  of  A.  COOK,
  LAVINE,  MONTESANO -- read once and referred to the Committee on Judi-
  ciary -- reported and referred to the Committee on Codes --  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.

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

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