Bill > A07449

This bill introduces a new criminal offense called prosecutorial misconduct, which targets prosecutors who intentionally withhold exculpatory evidence (information that could prove a defendant's innocence) during criminal proceedings. The bill establishes three degrees of prosecutorial misconduct based on the severity of the underlying criminal charge: third degree (for misdemeanors), second degree (for class E, D, or C felonies), and first degree (for class B or A felonies). Each degree of misconduct carries increasing criminal penalties for the prosecutor, with sentencing structured to be proportional to the harm caused to the wrongly charged or convicted individual. For third-degree misconduct, the penalty is one to two years in prison. For second and first-degree misconduct, the prosecutor would receive a prison term twice the length of the sentence imposed on the wrongly convicted person or twice the potential sentence for the wrongly charged individual. In cases of first-degree misconduct involving potential life imprisonment, the prosecutor would also face life imprisonment. The bill aims to create legal accountability for prosecutors who deliberately suppress evidence that could exonerate a defendant, thereby protecting individuals from potential wrongful conviction and ensuring prosecutorial integrity.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A7449