Assembly Bill A3938

2013-2014 Legislative Session

Creates the crime of prosecutorial misconduct

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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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2013-A3938 (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:
2009-2010: A2508
2011-2012: A2845
2015-2016: A1448
2017-2018: A1011
2019-2020: A3127
2021-2022: A1729
2023-2024: A4639

2013-A3938 (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.

2013-A3938 (ACTIVE) - Bill Text download pdf 

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

                                  3938

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee 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.
  1. UPON CONVICTION FOR PROSECUTORIAL MISCONDUCT IN THE  THIRD  DEGREE,
AS SPECIFIED IN SECTION 195.25 OF THIS CHAPTER, THE TERM OF IMPRISONMENT
SHALL BE AT LEAST ONE YEAR AND MUST NOT EXCEED TWO YEARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07786-01-3

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