|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 17, 2021||signed chap.153|
|Jun 07, 2021||delivered to governor|
|May 26, 2021||returned to assembly|
3rd reading cal.907
substituted for s3934
|May 26, 2021||substituted by a1634|
|May 10, 2021||advanced to third reading|
|May 05, 2021||2nd report cal.|
|May 04, 2021||1st report cal.907|
|Apr 27, 2021||reported and committed to finance|
|Feb 01, 2021||referred to judiciary|
senate Bill S3934Signed By Governor
Current Bill Status Via A1634 - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
S3934 (ACTIVE) - Details
S3934 (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.
S3934 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3934 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:
S3934 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3934 2021-2022 Regular Sessions I N S E N A T E February 1, 2021 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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.
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