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Bill

A 7449

Creates the crime of prosecutorial misconduct

2025 Regular Session Introduced by Gary Pretlow

Creates a new prosecutorial misconduct crime; requires the legislature to define acts, penalties, and remedies, tightening accountability for defendants, prosecutors, and courts.

REFERRED TO CODES
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WeVote Research Nonpartisan
Bill Summary · A 7449

Summary of Assembly Bill A 7449 (New York)

Overview

  • Bill Number: A 7449
  • Title: Creates the crime of prosecutorial misconduct
  • Status: REFERRED TO CODES
  • Introduced: March 28, 2025
  • Sponsor: J. Gary Pretlow (primary)
  • Related Bills (prior sessions): A 1448, A 3938, A 2845, A 2508, A 4193, A 1011, A 3127, A 1729, A 4639

Purpose and Intent

  • The bill proposes to establish prosecutorial misconduct as a statutory crime. While the provided summary does not include the bill’s exact definitions or elements, the core intent appears to be creating a formal, prosecutable offense for improper or illegal conduct by prosecutors that undermines the rights of defendants or the fairness of judicial proceedings.

Key Provisions (What is Known vs. Not Yet Available)

  • Known:
    • Creates a new offense labeled “prosecutorial misconduct.”
    • Requires action by the legislature to define the offense, including elements, penalties, and enforcement mechanisms within the bill’s text.
  • Not Provided in the Summary:
    • The precise elements (e.g., specific acts deemed prosecutorial misconduct), defenses, statutory penalties, jurisdiction, and remedies.
    • Procedures for reporting, investigating, prosecuting, or adjudicating alleged misconduct.
    • Any exemptions, safe harbors, or transitional provisions.
    • Fiscal impact or funding implications.

Affected Parties and Systems

  • Defendants and the rights to a fair trial (protections against prosecutorial overreach or abuse).
  • Prosecutors and prosecutorial offices (potentially new accountability mechanisms).
  • The judiciary and court administration (implications for adjudication of cases involving alleged misconduct).
  • The broader criminal justice system, including oversight and discipline processes.

Procedural History and Timeline

  • Introduced and immediately referred to the Codes Committee on March 28, 2025.
  • The summary shows two identical “REFERRED TO CODES” entries for the same date, indicating standard committee referral without additional published actions.
  • Next steps typically include committee hearings, potential amendments, and votes before reaching the full chamber floor.

Legislative Context

  • The bill has multiple related bills from prior sessions (A 1448, A 3938, A 2845, A 2508, A 4193, A 1011, A 3127, A 1729, A 4639), suggesting ongoing interest in prosecutorial accountability and misconduct issues.

Potential Impact and Considerations

  • Could clarify and strengthen accountability for prosecutorial conduct.
  • May influence prosecutorial discretion and trial dynamics depending on defined elements and penalties.
  • Important to review the full text for precise definitions, due process considerations, and remedies available to defendants.

How to Track

  • Monitor updates from the Codes Committee for A 7449, including any amendments, hearings, and voting outcomes.
  • Review the bill’s text and fiscal note once posted to understand specific elements, penalties, and implementation details.

Compiled from official sources — confirm details with the bill’s official record.

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