Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

A vote to pass a bill that establishes a commission on prosecutorial conduct.

Highlights:

• Specifies that the commission shall consist of 11 members who shall be appointed by the following, including (Sec. 1):

• 2 members appointed by the governor;

• 2 members appointed by the temporary president of the senate;

• 1 member appointed by the minority leader of the senate;

• 2 members appointed by the speaker of the house;

• 1 member appointed by the minority leader of the assembly; and

• 3 members appointed by the chief judge of the court of appeals.

• Specifies that the appointment to the commission shall not last longer than between 2 and 4 years (Sec. 1).

• Specifies that if a member of the commission who is a prosecutor is subject to a complaint or investigation with respect to their qualifications, conduct, or fitness to perform their official duties then they shall be disqualified from participating in any proceedings of the commission (Sec. 1).

• Requires each member of the commission to serve without salary or any other compensation, but is entitled to receive actual and necessary expenses incurred in the discharge of their duties (Sec. 1).

• Authorizes the commission to receive, initiate, investigate, and hear complaints with respect to the conduct, qualifications, fitness to perform, or performance of official duties of any prosecutor, and may determine a prosecutor be admonished, or censured, and make a recommendation to the governor that a prosecutor should be removed from office (Sec. 1).

• Defines “commission” as the state commission on prosecutorial conduct (Sec. 1).

• Defines “prosecutor” as a district attorney or assistant district attorney of any county of the state (Sec. 1).

Full Bill Text