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Senate Bill S7041A

2017-2018 Legislative Session

Relates to appointing special assistant district attorneys who are employees of the justice center

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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

2017-S7041 - Details

Current Committee:
Senate Rules
Law Section:
County Law
Laws Affected:
Amd §702, County L

2017-S7041 - Summary

Requires the appointing of special assistant district attorneys who are employees of the justice center for the protection of people with special needs to prosecute cases from the justice center in supreme court.

2017-S7041 - Sponsor Memo

2017-S7041 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7041
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health and Develop-
   mental Disabilities
 
 AN ACT to amend the executive law and the county  law,  in  relation  to
   appointing  special  assistant district attorneys who are employees of
   the justice center

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 2 of section 552 of the execu-
 tive  law, as added by section 3 of part A of chapter 501 of the laws of
 2012, is amended to read as follows:
   (a) The justice center also shall  employ  a  special  prosecutor  and
 inspector  general  IN  EACH  COUNTY  for  the protection of people with
 special needs ("special prosecutor"), who  shall  be  appointed  by  the
 [governor]  DISTRICT  ATTORNEY IN EACH COUNTY IN ACCORDANCE WITH SECTION
 SEVEN HUNDRED TWO OF THE COUNTY  LAW.  Other  state  agencies  shall  be
 required  to  make  facilities available for office space throughout the
 state and to assist when requested with respect to  the  duties  of  the
 office.  Pursuant to the provisions of this section, such special prose-
 cutor shall have the duty and power: (i) to  investigate  and  prosecute
 offenses involving abuse or neglect, as defined in subdivision eleven of
 section  four hundred eighty-eight of the social services law, committed
 against vulnerable persons by custodians as defined in  subdivision  two
 of  section  four  hundred  eighty-eight of the social services law; and
 (ii) to cooperate with and assist district attorneys and other local law
 enforcement officials in their efforts against such abuse or neglect  of
 vulnerable  persons.   Provided that nothing herein shall interfere with
 the ability of district attorneys at any  time  to  receive  complaints,
 investigate  and  prosecute  any  suspected  abuse or neglect or for any
 persons, whether a mandated reporter or not, to report a complaint to  a
 district  attorney  or  other  appropriate law enforcement official. The
 special prosecutor may request  and  shall  receive,  from  any  agency,
 department,  division,  board, bureau or commission of the state, or any

2017-S7041A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
County Law
Laws Affected:
Amd §702, County L

2017-S7041A (ACTIVE) - Summary

Requires the appointing of special assistant district attorneys who are employees of the justice center for the protection of people with special needs to prosecute cases from the justice center in supreme court.

2017-S7041A (ACTIVE) - Sponsor Memo

2017-S7041A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7041--A
     Cal. No. 1132
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health and Develop-
   mental Disabilities -- reported favorably from said committee, ordered
   to first and second report, amended on second  report,  ordered  to  a
   third  reading, and to be reprinted as amended, retaining its place in
   the order of third reading
 
 AN ACT to amend the  county  law,  in  relation  to  appointing  special
   assistant district attorneys who are employees of the justice center
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 702 of the county law is amended by  adding  a  new
 subdivision 8 to read as follows:
   8.   NOTWITHSTANDING ANY PROVISION OF LAW WITH RESPECT TO REQUIREMENTS
 OF RESIDENCE OR NUMBER OF APPOINTMENTS, A DISTRICT ATTORNEY IN ANY COUN-
 TY, INCLUDING ANY COUNTY WITHIN A CITY WITH A POPULATION OF ONE  MILLION
 OR  MORE,  SHALL  APPOINT  ONE OR MORE ATTORNEYS EMPLOYED BY THE JUSTICE
 CENTER FOR THE PROTECTION  OF  PEOPLE  WITH  SPECIAL  NEEDS  AS  SPECIAL
 ASSISTANT DISTRICT ATTORNEYS WITH RESPECT TO ANY INVESTIGATION OR PROSE-
 CUTION  OF OFFENSES INVOLVING ABUSE OR NEGLECT AS DEFINED IN SUBDIVISION
 ELEVEN OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THE SOCIAL  SERVICES  LAW
 COMMITTED  AGAINST VULNERABLE PERSONS BY CUSTODIANS AS DEFINED IN SUBDI-
 VISION TWO OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THE  SOCIAL  SERVICES
 LAW.  SUCH  SPECIAL  ASSISTANT DISTRICT ATTORNEYS SHALL RECEIVE NO ADDI-
 TIONAL COMPENSATION AND SHALL BE CHARGED WITH ALL THE DUTIES AND RESPON-
 SIBILITIES OF A JUSTICE CENTER  SPECIAL  PROSECUTOR  AS  ESTABLISHED  IN
 ARTICLE TWENTY OF THE EXECUTIVE LAW.
   § 2. This act shall take effect immediately.
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13503-03-8

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