Senate Bill S2412D

Signed By Governor
2017-2018 Legislative Session

Establishes the commission on prosecutorial conduct

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Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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
Votes

Bill Amendments

2017-S2412 - Details

See Assembly Version of this Bill:
A5285
Law Section:
Judiciary Law
Laws Affected:
Add Art 15-A §§499-a - 499-j, Judy L

2017-S2412 - Summary

Establishes the commission on prosecutorial conduct.

2017-S2412 - Sponsor Memo

2017-S2412 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2412
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 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. 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.
   § 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 CONDUCT, 22 NYCRR 1200, INCLUDING  BUT  NOT  LIMITED  TO
 RULE  3.8  (SPECIAL RESPONSIBILITIES OF PROSECUTORS AND OTHER GOVERNMENT
 LAWYERS).
   § 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.
              

co-Sponsors

2017-S2412A - Details

See Assembly Version of this Bill:
A5285
Law Section:
Judiciary Law
Laws Affected:
Add Art 15-A §§499-a - 499-j, Judy L

2017-S2412A - Summary

Establishes the commission on prosecutorial conduct.

2017-S2412A - Sponsor Memo

2017-S2412A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2412--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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.
   § 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 CONDUCT, 22 NYCRR 1200, INCLUDING  BUT  NOT  LIMITED  TO
 RULE  3.8  (SPECIAL RESPONSIBILITIES OF PROSECUTORS AND OTHER GOVERNMENT
 LAWYERS).
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-S2412B - Details

See Assembly Version of this Bill:
A5285
Law Section:
Judiciary Law
Laws Affected:
Add Art 15-A §§499-a - 499-j, Judy L

2017-S2412B - Summary

Establishes the commission on prosecutorial conduct.

2017-S2412B - Sponsor Memo

2017-S2412B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2412--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens.  DeFRANCISCO,  BAILEY,  COMRIE,  HAMILTON, PARKER,
   RIVERA -- read twice and ordered  printed,  and  when  printed  to  be
   committed  to the Committee on Judiciary -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  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.
   § 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 CONDUCT, 22 NYCRR 1200, INCLUDING  BUT  NOT  LIMITED  TO
 RULE  3.8  (SPECIAL RESPONSIBILITIES OF PROSECUTORS AND OTHER GOVERNMENT
 LAWYERS).
 
              

co-Sponsors

2017-S2412C - Details

See Assembly Version of this Bill:
A5285
Law Section:
Judiciary Law
Laws Affected:
Add Art 15-A §§499-a - 499-j, Judy L

2017-S2412C - Summary

Establishes the commission on prosecutorial conduct.

2017-S2412C - Sponsor Memo

2017-S2412C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2412--C
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens.  DeFRANCISCO,  BAILEY,  COMRIE,  HAMILTON, PARKER,
   RIVERA -- read twice and ordered  printed,  and  when  printed  to  be
   committed  to the Committee on Judiciary -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee -- 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.
   § 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

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

co-Sponsors

2017-S2412D (ACTIVE) - Details

See Assembly Version of this Bill:
A5285
Law Section:
Judiciary Law
Laws Affected:
Add Art 15-A §§499-a - 499-j, Judy L

2017-S2412D (ACTIVE) - Summary

Establishes the commission on prosecutorial conduct.

2017-S2412D (ACTIVE) - Sponsor Memo

2017-S2412D (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2412--D
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens.  DeFRANCISCO,  BAILEY,  COMRIE,  HAMILTON, PARKER,
   RIVERA -- read twice and ordered  printed,  and  when  printed  to  be
   committed  to the Committee on Judiciary -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee -- 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 -- recommitted to  the  Committee  on  Judiciary  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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