S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8728
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2017
                                ___________
 
 Introduced  by  M.  of  A.  QUART,  KIM -- read once and referred to the
   Committee on Election Law
 
 AN ACT to amend the election law, in relation to special restrictions on
   campaign contributions for district attorney candidates
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  election  law  is  amended  by  adding a new section
 14-114-a to read as follows:
   § 14-114-A. SPECIAL RESTRICTIONS FOR DISTRICT ATTORNEY CANDIDATES.  1.
 THE  STATE BOARD OF ELECTIONS SHALL REQUIRE THAT CANDIDATES FOR DISTRICT
 ATTORNEY SHALL DISCLOSE TO THE BOARD THE ACCEPTANCE OF CAMPAIGN CONTRIB-
 UTIONS  FROM  ANY  LAW  FIRM  THAT  REPRESENTS  DEFENDANTS  IN  CRIMINAL
 PROCEEDINGS  IN  ANY COURT IN THE STATE OF NEW YORK OR FROM ANY LICENSED
 ATTORNEY EMPLOYED BY SUCH LAW FIRM.  THE  BOARD  SHALL  PROMULGATE  SUCH
 RULES AS IT DEEMS NECESSARY TO IMPLEMENT AND ADMINISTER THIS SECTION AND
 SHALL  PROVIDE  THAT  INFORMATION  REGARDING SUCH CONTRIBUTIONS SHALL BE
 ACCESSIBLE TO THE PUBLIC.
   2. THE TERM "LEGAL DEALINGS" MEANS THE  LEGAL  REPRESENTATION  OF  ANY
 INDIVIDUAL  OR  CORPORATE  ENTITY  IN  ANY  CRIMINAL  PROCEEDING BROUGHT
 AGAINST THAT INDIVIDUAL OR CORPORATE ENTITY BY ANY  DISTRICT  ATTORNEY'S
 OFFICE IN THE STATE OF NEW YORK.
   3.  THE  TERM  "LEGAL DEALINGS DATABASE" MEANS A COMPUTERIZED DATABASE
 ACCESSIBLE TO THE BOARD THAT CONTAINS THE NAMES OF THOSE WHO HAVE  LEGAL
 DEALINGS  WITH  ANY  DISTRICT  ATTORNEY  IN THE STATE, INCLUDING ANY LAW
 FIRM, PARTNERSHIP OR CORPORATE ENTITY  THAT  REPRESENTS  INDIVIDUALS  OR
 CORPORATE  ENTITIES IN ANY CRIMINAL PROCEEDING IN ANY COURT IN THE STATE
 OF NEW YORK; ANY LICENSED ATTORNEYS EMPLOYED BY OR AFFILIATED WITH  SUCH
 A LAW FIRM, PARTNERSHIP OR CORPORATE ENTITY; ANY PERSON SERVING AS CHIEF
 EXECUTIVE  OFFICER,  CHIEF FINANCIAL OFFICER, CHIEF OPERATING OFFICER OR
 PERSONS SERVING IN AN EQUIVALENT CAPACITY AT SUCH A LAW  FIRM,  PARTNER-
 SHIP  OR  CORPORATE  ENTITY;  ANY PERSON SERVING AS AN EQUITY PARTNER AT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13621-01-7

 A. 8728                             2
 
 SUCH A LAW FIRM, PARTNERSHIP OR CORPORATE ENTITY; AND ANY PERSON WITH AN
 OWNERSHIP INTEREST IN SUCH A LAW FIRM, PARTNERSHIP OR CORPORATE  ENTITY.
 SUCH  DATABASE  SHALL  BE DEVELOPED, MAINTAINED AND UPDATED BY THE STATE
 BOARD  OF  ELECTIONS IN A MANNER SO AS TO ENSURE ITS REASONABLE ACCURACY
 AND COMPLETENESS; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL  SUCH  DATA-
 BASE  BE  UPDATED  LESS  FREQUENTLY THAN ONCE A MONTH. SUCH COMPUTERIZED
 DATABASE SHALL CONTAIN A FUNCTION TO ENABLE MEMBERS  OF  THE  PUBLIC  TO
 DETERMINE IF A PERSON IS IN THE DATABASE DUE TO SUCH PERSON HAVING LEGAL
 DEALINGS  WITH  A  DISTRICT ATTORNEY AND SHALL PROVIDE A DATE AS TO WHEN
 SUCH PERSON IS CONSIDERED TO HAVE BEGUN HAVING  LEGAL  DEALINGS  WITH  A
 DISTRICT ATTORNEY PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   4. A PERSON SHALL BE CONSIDERED TO HAVE LEGAL DEALINGS WITH A DISTRICT
 ATTORNEY AS OF THE DATE THE PERSON'S NAME IS ENTERED IN THE "LEGAL DEAL-
 INGS  DATABASE", AS SUCH DATE IS INDICATED IN SUCH DATABASE, OR THE DATE
 THE PERSON BEGAN HAVING LEGAL DEALINGS WITH THE  DISTRICT  ATTORNEY,  AS
 SUCH DATE IS INDICATED IN THE DATABASE, WHICHEVER IS EARLIER.
   5. A CANDIDATE FOR DISTRICT ATTORNEY OR HIS OR HER PRINCIPAL COMMITTEE
 MAY  NOT  ACCEPT,  EITHER  DIRECTLY  OR BY TRANSFER, ANY CONTRIBUTION OR
 CONTRIBUTIONS FOR A COVERED ELECTION IN WHICH HE OR SHE IS A PARTICIPAT-
 ING CANDIDATE FROM A PERSON OR ENTITY WHO  HAS  LEGAL  DEALINGS  WITH  A
 DISTRICT  ATTORNEY'S  OFFICE, AS SUCH TERM IS DEFINED IN SUBDIVISION TWO
 OF THIS SECTION, IF THE AGGREGATE OF SUCH CONTRIBUTIONS TO  SUCH  CANDI-
 DATE  FROM  SUCH  PERSON  FOR ALL COVERED ELECTIONS IN THE SAME CALENDAR
 YEAR EXCEEDS THREE HUNDRED TWENTY DOLLARS. NOTWITHSTANDING ANY PROVISION
 OF THIS SUBDIVISION, THE LIMITATIONS ON CONTRIBUTIONS  CONTAINED  HEREIN
 SHALL  NOT  APPLY  TO  ANY CONTRIBUTION MADE BY A NATURAL PERSON WHO HAS
 LEGAL DEALINGS WITH A DISTRICT ATTORNEY TO A PARTICIPATING CANDIDATE  OR
 HIS OR HER PRINCIPAL COMMITTEE WHERE SUCH PARTICIPATING CANDIDATE IS THE
 CONTRIBUTOR,  OR WHERE SUCH PARTICIPATING CANDIDATE IS THE CONTRIBUTOR'S
 PARENT, SPOUSE, DOMESTIC  PARTNER,  SIBLING,  CHILD,  GRANDCHILD,  AUNT,
 UNCLE, COUSIN, NIECE OR NEPHEW BY BLOOD OR BY MARRIAGE.
   6. EACH DISTRICT ATTORNEY CANDIDATE AND HIS OR HER PRINCIPAL COMMITTEE
 SHALL  REPORT TO THE BOARD EVERY CONTRIBUTION, LOAN, GUARANTEE, OR OTHER
 SECURITY FOR SUCH LOAN RECEIVED BY THE CANDIDATE AND SUCH COMMITTEE, THE
 FULL  NAME,  RESIDENTIAL  ADDRESS,  OCCUPATION,  EMPLOYER  AND  BUSINESS
 ADDRESS  OF  EACH CONTRIBUTOR, LENDER, GUARANTOR OR PROVIDER OF SECURITY
 AND OF EACH PERSON OR ENTITY WHICH IS THE INTERMEDIARY FOR SUCH CONTRIB-
 UTION, LOAN, GUARANTEE, OR OTHER  SECURITY  FOR  SUCH  LOAN.  DISCLOSURE
 REPORTS  SHALL  BE SUBMITTED AT SUCH TIMES AND IN SUCH FORM AS THE BOARD
 SHALL REQUIRE AND SHALL BE CLEARLY LEGIBLE.
   § 2. This act shall take effect immediately.