Provides that if a prosecutor withholds information proving the innocence of an individual convicted of or charged with a crime, such prosecutor shall be guilty of a felony with the term of imprisonment being twice that of the term of imprisonment the individual charged with the crime is faced with or twice that which the individual has been sentenced to.
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.
