Bill Summary: S. 2412-B

• Establishes a State Commission on Prosecutorial Conduct with 11 members appointed by the governor, legislature, and chief judge of the court of appeals to review prosecutor conduct under New York statutes, case law, and Professional Conduct rules.

• Commission may investigate complaints, conduct hearings, and determine prosecutors should be admonished, censured, or recommend removal/retirement to the governor for misconduct, persistent failure to perform duties, or disability.

• Prosecutors have rights to counsel, notice of complaints and hearings (3-5 days for investigations; 20-22 days for formal hearings), access to evidence, and ability to request court of appeals review of commission determinations within 30 days.

• All commission records, complaints, and proceedings are confidential except prosecutors may request public disclosure of complaints, transcripts, and dispositions with identifying information redacted.

• Takes effect January 1, 2018.