Assembly Bill A3349

2009-2010 Legislative Session

Authorizes appointment of another district attorney or the attorney general as special district attorney

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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-A3349 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
County Law
Laws Affected:
Amd §701, County L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3044
2013-2014: A4488
2015-2016: A6501
2017-2018: A2753
2019-2020: A4485
2021-2022: A1663

2009-A3349 (ACTIVE) - Summary

Authorizes only the appointment of another district attorney or the attorney general as a special district attorney, in cases where the district attorney has a conflict of interest or excuses himself and prohibits the appointment of private attorneys as special district attorneys.

2009-A3349 (ACTIVE) - Bill Text download pdf 

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

                                  3349

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Codes

AN ACT to amend the county law, in relation to providing for appointment
  of special district attorney

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs (a) and (b) of subdivision 1 of section 701 of
the county law, paragraph (a) as amended and paragraph (b) as  added  by
chapter 560 of the laws of 1991, are amended to read as follows:
  (a)  [appoint  some attorney at law having an office in or residing in
the county, or any adjoining county, to act as special district attorney
during the absence, inability or disqualification of the district attor-
ney and such assistants as he or she may have; or
  (b)] appoint a district attorney of any other county within the  judi-
cial department or of any county adjoining the county wherein the action
is  triable  to act as special district attorney, provided such district
attorney agrees to accept appointment by such criminal court during such
absence, inability or disqualification of the district attorney and such
assistants as he or she may have; OR
  (B) APPOINT THE ATTORNEY-GENERAL TO ACT AS SPECIAL DISTRICT ATTORNEY.
  S 2. Subdivision 3 of section 701 of the county law, as added by chap-
ter 560 of the laws of 1991, is amended to read as follows:
  3. Where a special district attorney appointed under this section is a
district attorney OR THE ATTORNEY-GENERAL, he  or  she  may  direct  the
exercise  of  such  powers  and  the  performance  of such duties by any
assistant in his or her office in any case in which he or she serves  as
special  district  attorney  to  the same extent permitted by law in any
case in which he or she serves as district attorney OR AS  ATTORNEY-GEN-
ERAL.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02107-01-9

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