BILL NUMBER: S3025
SPONSOR: ORTT
 
TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing the addition
of a new article 20 to the constitution, in relation to providing for
the recall of a district attorney
 
PURPOSE:
Constitutional amendment to establish the process of recalling a
district attorney from office.
 
SUMMARY OF PROVISIONS:
The constitutional amendment would provide for the recall of a district
attorney by the voters within the county the district attorney was
elected or appointed.
The recall would be initiated when a petition is delivered to the state
board of elections alleging the reason for recall. The petition must be
signed by electors within the county equal to 20% of the last vote for
the District Attorney.
An election to determine whether to recall the District Attorney would
be held between 60 and 80 days from the date of certification of suffi-
cient signatures by the State Board of Elections.
If the majority vote is to recall the District Attorney, the District
Attorney is removed and, if there is a candidate, the candidate who
receives a plurality is the successor. The recalled District Attorney
cannot be a candidate.
 
JUSTIFICATION:
This constitutional amendment would provide a process by which electors
can remove a district attorney from office. Soft on crime district
attorneys across the country have put criminals' interests before law-a-
biding citizens. This is no more evident than in New York County where
the sitting District Attorney sent a memo days after taking office
instructing prosecutors to avoid seeking jail time for all but the most
serious crimes.
This amendment seeks to hold a district attorney accountable for their
policies once they take office and provides the electorate with a mech-
anism to remove a district attorney that has lost the public's trust or
provided a dereliction of duty.
Under current law, the Governor has the power, to remove a district
attorney from office. This amendment would put that power back in the
hands of the people.
 
PRIOR LEGISLATIVE HISTORY:
2023/2024: S.1309/A.9334 Referred to Judiciary
2021-2022: S. 9484 Referred to Attorney-General for Opinion
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Resolved (if the &HOUSE concur), That the foregoing amendment be
referred to the first regular legislative session convening after the
next Succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.