senate Bill S8815

2019-2020 Legislative Session

Relates to the state commission on prosecutorial conduct

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 20, 2020 referred to rules

S8815 (ACTIVE) - Details

See Assembly Version of this Bill:
A10805
Current Committee:
Senate Rules
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:
S3934, A1634

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

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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