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Assembly Bill A4485

2019-2020 Legislative Session

Authorizes appointment of another district attorney or the attorney general as special district attorney

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Archive: Last Bill Status - In Assembly Committee

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2019-A4485 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
County Law
Laws Affected:
Amd §701, County L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3349
2011-2012: A3044
2013-2014: A4488
2015-2016: A6501
2017-2018: A2753
2021-2022: A1663

2019-A4485 (ACTIVE) - Summary

Authorizes only the appointment of another district attorney or the attorney general as a special district attorney, in cases where the district attorney has a conflict of interest or excuses himself and prohibits the appointment of private attorneys as special district attorneys.

2019-A4485 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4485
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the county law, in relation to providing for appointment
   of special district attorney
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraphs (a) and (b) of subdivision 1 of section 701 of
 the county law, paragraph (a) as amended and paragraph (b) as  added  by
 chapter 560 of the laws of 1991, are amended to read as follows:
   (a)  [appoint  some attorney at law having an office in or residing in
 the county, or any adjoining county, to act as special district attorney
 during the absence, inability or disqualification of the district attor-
 ney and such assistants as he or she may have; or
   (b)] appoint a district attorney of any other county within the  judi-
 cial department or of any county adjoining the county wherein the action
 is  triable  to act as special district attorney, provided such district
 attorney agrees to accept appointment by such criminal court during such
 absence, inability or disqualification of the district attorney and such
 assistants as he or she may have; OR
   (B) APPOINT THE ATTORNEY GENERAL TO ACT AS SPECIAL DISTRICT ATTORNEY.
   § 2. Subdivision 3 of section 701 of the county law, as added by chap-
 ter 560 of the laws of 1991, is amended to read as follows:
   3. Where a special district attorney appointed under this section is a
 district attorney OR THE ATTORNEY GENERAL, he  or  she  may  direct  the
 exercise  of  such  powers  and  the  performance  of such duties by any
 assistant in his or her office in any case in which he or she serves  as
 special  district  attorney  to  the same extent permitted by law in any
 case in which he or she serves  as  district  attorney  OR  AS  ATTORNEY
 GENERAL.
   § 3. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06673-01-9

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