assembly Bill A10805A

2019-2020 Legislative Session

Relates to the state commission on prosecutorial conduct

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Archive: Last Bill Status - On Floor Calendar


  • 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
Jul 22, 2020 ordered to third reading rules cal.297
rules report cal.297
reported
Jul 18, 2020 amend and recommit to rules 10805a
Jul 17, 2020 reported referred to rules
Jul 15, 2020 referred to codes

A10805 - Details

See Senate Version of this Bill:
S8815
Law Section:
Judiciary Law
Laws Affected:
Amd §§499-a, 499-b, 499-c, 499-f, 499-i & 499-j, Judy L
Versions Introduced in 2021-2022 Legislative Session:
A1634, S3934

A10805 - Summary

Relates to the state commission on prosecutorial conduct; provides that the commission shall investigate complaints and may make a recommendation to the governor that a prosecutor be removed; provides that the commission shall transmit its findings of fact and recommendations to the appellate division; provides that the appellate division may accept or reject such recommendations or impose a different sanction.

A10805 - Bill Text download pdf


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

                                  10805

                          I N  A S S E M B L Y

                              July 15, 2020
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Perry) --
  read once and referred to the Committee on Codes

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

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

  Section 1. Section 499-a of the judiciary law, as amended  by  chapter
23 of the laws of 2019, is amended to read as follows:
  §  499-a.  Establishment of commission. There is hereby created within
the executive department a state commission  of  prosecutorial  conduct.
The  commission  shall  have the authority to review AND INVESTIGATE the
conduct of prosecutors upon the filing of a complaint with  the  commis-
sion to determine whether [said] A PROSECUTOR OR PROSECUTORS HAS COMMIT-
TED  conduct  [as  alleged departs from the applicable] IN THE COURSE OF
HIS OR HER OFFICIAL DUTIES OR  UNDER  COLOR  OF  STATE  LAW  POTENTIALLY
VIOLATIVE  OF  statutes,  THE  LEGAL  RIGHTS OF PRIVATE PERSONS, WHETHER
STATUTORY, CONSTITUTIONAL OR OTHERWISE; case  law[,];  OR  COURT  RULES,
INCLUDING,  BUT  NOT  LIMITED  TO  THE  New  York  Rules of Professional
Conduct, 22 NYCRR 1200, OR ANY  SUBSET  THEREOF  OR  SUCCESSOR  THERETO,
including  but  not  limited  to  Rule  3.8 (Special Responsibilities of
Prosecutors and Other Government Lawyers).
  § 2. Section 499-b of the judiciary law, as amended by chapter  23  of
the laws of 2019, is amended to read as follows:
  §  499-b.  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 a district attorney or  any  assistant  district
attorney  of  any county of the state in an action to exact any criminal
penalty, fine, sanction or forfeiture.
  3. "Hearing" means a proceeding under subdivision four of section four
hundred ninety-nine-f 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.

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

A10805A (ACTIVE) - Details

See Senate Version of this Bill:
S8815
Law Section:
Judiciary Law
Laws Affected:
Amd §§499-a, 499-b, 499-c, 499-f, 499-i & 499-j, Judy L
Versions Introduced in 2021-2022 Legislative Session:
A1634, S3934

A10805A (ACTIVE) - Summary

Relates to the state commission on prosecutorial conduct; provides that the commission shall investigate complaints and may make a recommendation to the governor that a prosecutor be removed; provides that the commission shall transmit its findings of fact and recommendations to the appellate division; provides that the appellate division may accept or reject such recommendations or impose a different sanction.

A10805A (ACTIVE) - Bill Text download pdf


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

                                10805--A

                          I N  A S S E M B L Y

                              July 15, 2020
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Perry) --
  read once and referred to the  Committee  on  Codes  --  reported  and
  referred  to  the  Committee  on  Rules  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

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

  Section  1.  Section 499-a of the judiciary law, as amended by chapter
23 of the laws of 2019, is amended to read as follows:
  § 499-a. Establishment of commission. There is hereby  created  within
the  executive  department  a state commission of prosecutorial conduct.
The commission shall have the authority to review  AND  INVESTIGATE  the
conduct  of  prosecutors upon the filing of a complaint with the commis-
sion to [determine] EXAMINE whether [said] A PROSECUTOR  OR  PROSECUTORS
HAS  COMMITTED  conduct  [as alleged departs from the applicable] IN THE
COURSE OF HIS OR HER OFFICIAL DUTIES OR UNDER COLOR OF STATE LAW  POTEN-
TIALLY  VIOLATIVE  OF  statutes,  THE  LEGAL  RIGHTS OF PRIVATE PERSONS,
WHETHER STATUTORY, CONSTITUTIONAL OR OTHERWISE; case  law[,];  OR  COURT
RULES,  INCLUDING, BUT NOT LIMITED TO THE New York Rules of Professional
Conduct, 22 NYCRR 1200, OR ANY  SUBSET  THEREOF  OR  SUCCESSOR  THERETO,
including  but  not  limited  to  Rule  3.8 (Special Responsibilities of
Prosecutors and Other Government Lawyers).
  § 2. Section 499-b of the judiciary law, as amended by chapter  23  of
the laws of 2019, is amended to read as follows:
  §  499-b.  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 a district attorney or  any  assistant  district
attorney  of  any county of the state in an action to exact any criminal
penalty, fine, sanction or forfeiture.
  3. "Hearing" means a proceeding under subdivision four of section four
hundred ninety-nine-f of this article.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets