New York Assembly Bill A07449 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 7449 2025-2026 Regular Sessions  IN ASSEMBLY March 28, 2025 ___________ 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 such prosecutor knowingly withholds information which will prove 6 the 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 such prosecutor knowingly withholds information which will 11 prove the innocence of a person charged with or convicted of a class E, 12 D or C 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 such prosecutor knowingly withholds information which will prove 17 the innocence of a person charged with or convicted of a class B or A 18 felony. 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. LBD10718-01-5 
 A. 7449 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.