Assembly Bill A2508

2009-2010 Legislative Session

Creates the crime of prosecutorial misconduct

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A2508 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง195.25, 195.30, 195.35 & 70.12, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2845
2013-2014: A3938
2015-2016: A1448
2017-2018: A1011
2019-2020: A3127
2021-2022: A1729
2023-2024: A4639

2009-A2508 (ACTIVE) - Summary

Provides that if a prosecutor withholds information proving the innocence of an individual convicted of or charged with a crime, he or she shall be guilty of a felony with the term of imprisonment being twice that of the term of imprisonment the individual charged with the crime is faced with or twice that which the individual has been sentenced to.

2009-A2508 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2508

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by M. of A. PRETLOW, GLICK, PERRY, GREENE -- Multi-Sponsored
  by -- M. of A.  CHRISTENSEN, HIKIND, HOOPER, JOHN, ORTIZ -- read  once
  and referred to the Committee on Codes

AN  ACT  to  amend  the  penal law, in relation to creating the crime of
  prosecutorial misconduct

  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 three new sections
195.25, 195.30 and 195.35 to read as follows:
S 195.25 PROSECUTORIAL MISCONDUCT IN THE THIRD DEGREE.
  A PROSECUTOR IS GUILTY OF PROSECUTORIAL MISCONDUCT IN THE THIRD DEGREE
WHEN HE OR SHE KNOWINGLY WITHHOLDS  INFORMATION  WHICH  WILL  PROVE  THE
INNOCENCE OF A PERSON CHARGED WITH OR CONVICTED OF A MISDEMEANOR.
  PROSECUTORIAL MISCONDUCT IN THE THIRD DEGREE IS A CLASS E FELONY.
S 195.30 PROSECUTORIAL MISCONDUCT IN THE SECOND DEGREE.
  A  PROSECUTOR  IS  GUILTY  OF  PROSECUTORIAL  MISCONDUCT IN THE SECOND
DEGREE WHEN HE OR SHE KNOWINGLY WITHHOLDS INFORMATION WHICH  WILL  PROVE
THE INNOCENCE OF A PERSON CHARGED WITH OR CONVICTED OF A CLASS E, D OR C
FELONY.
  PROSECUTORIAL MISCONDUCT IN THE SECOND DEGREE IS A CLASS B FELONY.
S 195.35 PROSECUTORIAL MISCONDUCT IN THE FIRST DEGREE.
  A PROSECUTOR IS GUILTY OF PROSECUTORIAL MISCONDUCT IN THE FIRST DEGREE
WHEN  HE  OR  SHE  KNOWINGLY  WITHHOLDS INFORMATION WHICH WILL PROVE THE
INNOCENCE OF A PERSON CHARGED WITH OR CONVICTED OF A CLASS B OR A  FELO-
NY.
  PROSECUTORIAL MISCONDUCT IN THE FIRST DEGREE IS A CLASS A FELONY.
  S 2. The penal law is amended by adding a new section 70.12 to read as
follows:
S 70.12 SENTENCE OF IMPRISONMENT FOR PROSECUTORIAL MISCONDUCT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02165-01-9

A. 2508                             2

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