assembly Bill A1634

2021-2022 Legislative Session

Relates to the state commission on prosecutorial conduct

download bill text pdf

Sponsored By

Current Bill Status - Passed Assembly


  • 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
Feb 01, 2021 referred to judiciary
delivered to senate
passed assembly
Jan 21, 2021 advanced to third reading cal.51
Jan 20, 2021 reported
Jan 11, 2021 referred to codes

Co-Sponsors

A1634 (ACTIVE) - Details

See Senate Version of this Bill:
S3934
Current Committee:
Senate Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §§499-a, 499-b, 499-c, 499-f, 499-i & 499-j, Judy L
Versions Introduced in 2019-2020 Legislative Session:
A10805, S8815

A1634 (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.

A1634 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1634
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by 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] 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
                       [ ] is old law to be omitted.