 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1011
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2017
                                       ___________
 
        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:

     1    Section 1. The penal law is  amended  by  adding  three  new  sections
     2  195.25, 195.30 and 195.35 to read as follows:
     3  § 195.25 Prosecutorial misconduct in the third degree.
     4    A prosecutor is guilty of prosecutorial misconduct in the third degree
     5  when  he  or  she  knowingly  withholds information which will prove the
     6  innocence of a person charged with or convicted of a misdemeanor.
     7    Prosecutorial misconduct in the third degree is a class E felony.
     8  § 195.30 Prosecutorial misconduct in the second degree.
     9    A prosecutor is guilty  of  prosecutorial  misconduct  in  the  second
    10  degree  when  he or she knowingly withholds information which will prove
    11  the innocence of a person charged with or convicted of a class E, D or C
    12  felony.
    13    Prosecutorial misconduct in the second degree is a class B felony.
    14  § 195.35 Prosecutorial misconduct in the first degree.
    15    A prosecutor is guilty of prosecutorial misconduct in the first degree
    16  when he or she knowingly withholds  information  which  will  prove  the
    17  innocence  of a person charged with or convicted of a class B or A felo-
    18  ny.
    19    Prosecutorial misconduct in the first degree is a class A felony.
    20    § 2. The penal law is amended by adding a new section 70.12 to read as
    21  follows:
    22  § 70.12 Sentence of imprisonment for prosecutorial misconduct.
    23    1. Upon conviction for prosecutorial misconduct in the  third  degree,
    24  as specified in section 195.25 of this chapter, the term of imprisonment
    25  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.
                                                                   LBD04464-01-7

        A. 1011                             2
 
     1    2.  Upon  conviction for prosecutorial misconduct in the second degree
     2  as specified in section 195.30 of this chapter, the term of imprisonment
     3  shall  be  twice  the  sentence  imposed  upon  the  individual  wrongly
     4  convicted or the term of imprisonment which would have been imposed upon
     5  the individual wrongly charged.
     6    3.  Upon  conviction for prosecutorial misconduct in the first degree,
     7  as specified in section 195.35 of this chapter, the term of imprisonment
     8  shall  be  twice  the  sentence  imposed  upon  the  individual  wrongly
     9  convicted or the term of imprisonment which would have been imposed upon
    10  the  individual  wrongly  charged, in the case of life imprisonment, the
    11  sentence shall be life imprisonment.
    12    § 3. This act shall take effect on the first of November next succeed-
    13  ing the date on which it shall have become a law.
Creates the crime of prosecutorial misconduct

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