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Assembly Bill A9470

2021-2022 Legislative Session

Relates to official misconduct by a district attorney

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Archive: Last Bill Status - In Assembly Committee

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2021-A9470 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §195.01, Pen L; amd §63-a, Exec L

2021-A9470 (ACTIVE) - Summary

Relates to official misconduct by a district attorney, including failure of such district attorney to bring charges against a party when adequate proof exists that such party committed a crime.

2021-A9470 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9470
 
                           I N  A S S E M B L Y
 
                               March 7, 2022
                                ___________
 
 Introduced by M. of A. LAWLER -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  penal law and the executive law, in relation to
   official misconduct by a district attorney
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 195.01 to
 read as follows:
 § 195.01 OFFICIAL MISCONDUCT BY A DISTRICT ATTORNEY.
   A DISTRICT ATTORNEY IS GUILTY OF OFFICIAL MISCONDUCT WHEN, WITH INTENT
 TO UNDERMINE THEIR OFFICIAL OATH OF OFFICE:
   HE OR SHE KNOWINGLY FAILS  TO  BRING  CHARGES  AGAINST  A  PARTY  WHEN
 ADEQUATE PROOF EXISTS THAT SUCH PARTY COMMITTED A CRIME.
   OFFICIAL MISCONDUCT BY A DISTRICT ATTORNEY IS A CLASS A MISDEMEANOR.
   § 2. Section 63-a of the executive law, as added by chapter 310 of the
 laws of 1962, is amended to read as follows:
   § 63-a. Action  by  attorney-general  for forfeiture of public office.
 The attorney-general may maintain an action, upon his OR HER own  infor-
 mation or upon the complaint of a private person, against a public offi-
 cer,  civil  or  military,  who has done or suffered an act which by law
 works a forfeiture of his OR HER office, OR WHO VIOLATES SECTION  195.01
 OF THE PENAL LAW.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14349-01-2

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