What's happening
This bill allows courts to appoint the New York State Attorney General as a special district attorney in certain cases.
Why it matters
Expands options for special district attorney appointments. By allowing courts to appoint the state Attorney General (AG) as a special district attorney, the bill provides an alternative to only selecting local attorneys or district attorneys from other counties, which may improve the handling of cases where impartiality or conflicts of interest are concerns.
Potential for increased oversight and resources. The AG’s office typically has more resources, investigatory power, and experience with complex or sensitive cases than some local district attorneys, which could lead to more thorough investigations and prosecutions in certain situations.
Implications for high-profile or controversial cases. The bill could be especially relevant in cases where local district attorneys are perceived as having conflicts of interest, are recused, or where local prosecution is politically sensitive, thereby offering a mechanism for independent and potentially less biased prosecution.
Shifts local-state power dynamics. By involving the AG’s office more directly in local prosecutions, the bill may alter the balance of prosecutorial authority between county and state officials—potentially impacting how justice is administered in politically charged or high-stakes cases.
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Let AG Serve as DA
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4485
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
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 Assembly, 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 attorney and such assistants as he or she may have; or
(b)] appoint a district attorney of any other county within the judicial 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.
§ 2. Subdivision 3 of section 701 of the county law, as added by chapter 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 general.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06673-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.