|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 20, 2020||referred to rules|
senate Bill S8815
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8815 (ACTIVE) - Details
S8815 (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.
S8815 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8815 SPONSOR: BAILEY TITLE OF BILL: An act to amend the judiciary law, in relation to the state commission on prosecutorial conduct PURPOSE: The purpose of this legislation is to update provisions of law relating to the commission on prosecutorial conduct, to serve as a factfinding entity designated to review complaints of prosecutorial misconduct in New York State and produce a factual record and recommendations, in order to improve Appellate Division attorney grievance committees' disciplinary oversight of district attorneys and assistant district attorneys and to improve the exercise of the Governor's authority to remove district attorneys. SUMMARY OF PROVISIONS:
S8815 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8815 I N S E N A T E July 20, 2020 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. 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.
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