Provides that any district attorney who knowingly solicits, accepts or receives any gift or anything else of value, under any circumstance from a criminal defendant, is guilty of a misdemeanor

Title of bill

An act to amend the election law, in relation to providing that any district attorney who knowingly solicits, accepts or receives any gift, service, hospitality, thing or promise, campaign donation, or anything else of value, under any circumstance from a criminal defendant, is guilty of a misdemeanor

Purpose or general idea of bill

To eliminate conflicts of interest and the appearance of a conflict of interest between a prosecutor or district attorney and a criminal defendant or defense attorney by prohibiting the solicitation or acceptance of a gift, service, campaign donation or anything else of value by a prosecutor or district attorney from a criminal defendant, or the defendant's attorney, while he or she is prosecuting the defendant.

Summary of provisions

A new section, 17-163, is added to the general election law and provides that any prosecutor or district attorney who knowingly solicits, accepts or receives any gift, service, loan, thing or promise, campaign donation, or anything else of value, under any circumstance from a criminal defendant, or the defendant's attorney, while the prosecution of the defendant is pending, is guilty of a misdemeanor.

Justification

The state, counties and cities of New York employ several hundred elected persons to serve as prosecutors and district attorneys who specialize in the prosecution of criminal offenses. The roles and duties of these public officials are defined in section 1.20 of the criminal procedure law. It is imperative that these prosecutors and district attorneys be fair, impartial and not subject to any conflicts of interest.

Currently, New York does not prohibit prosecutors and district attorneys from receiving 'of value' contributions from the defendants they are prosecuting or the defendant's attorney or the family, employees or business partners of the defendant's attorney. The result can lead to obvious conflicts of interest with the proper performance of the prosecutor or district attorney's duties in the public interest.

This proposed legislation would prohibit prosecutors and district attorneys from soliciting, accepting or receiving any gift, service, loan travel, entertainment, hospitality, campaign donation or anything else of value under any circumstance from a criminal defendant they are prosecuting or from the defendant's attorney or the family, employees or business partners of the defendant's attorney while the prosecution of the defendant is pending. A violation of this new section of the election law will be a misdemeanor as provided for under section 17-166 of the election law.

The adoption of this legislation will help alleviate any suspicion by the public that a prosecutor or district attorney is engaged in certain acts that are in violation of public trust. Furthermore, it will end an obvious conflict of interest currently allowed by New York state's election law.

Legislative history

New Bill.

Fiscal implications

None. EFFECTIVE DATE : This act shall take effect immediately after having become law.