Bill Text: NY A04485 | 2019-2020 | General Assembly | Introduced

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Bill Title: Authorizes only the appointment of another district attorney or the attorney general as a special district attorney, in cases where the district attorney has a conflict of interest or excuses himself and prohibits the appointment of private attorneys as special district attorneys.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A04485 Detail]

Download: New_York-2019-A04485-Introduced.html

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                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  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraphs (a) and (b) of subdivision 1 of section 701 of
     2  the county law, paragraph (a) as amended and paragraph (b) as  added  by
     3  chapter 560 of the laws of 1991, are amended to read as follows:
     4    (a)  [appoint  some attorney at law having an office in or residing in
     5  the county, or any adjoining county, to act as special district attorney
     6  during the absence, inability or disqualification of the district attor-
     7  ney and such assistants as he or she may have; or
     8    (b)] appoint a district attorney of any other county within the  judi-
     9  cial department or of any county adjoining the county wherein the action
    10  is  triable  to act as special district attorney, provided such district
    11  attorney agrees to accept appointment by such criminal court during such
    12  absence, inability or disqualification of the district attorney and such
    13  assistants as he or she may have; or
    14    (b) appoint the attorney general to act as special district attorney.
    15    § 2. Subdivision 3 of section 701 of the county law, as added by chap-
    16  ter 560 of the laws of 1991, is amended to read as follows:
    17    3. Where a special district attorney appointed under this section is a
    18  district attorney or the attorney general, he  or  she  may  direct  the
    19  exercise  of  such  powers  and  the  performance  of such duties by any
    20  assistant in his or her office in any case in which he or she serves  as
    21  special  district  attorney  to  the same extent permitted by law in any
    22  case in which he or she serves  as  district  attorney  or  as  attorney
    23  general.
    24    § 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