This bill creates a commission to address prosecutorial misconduct.
This bill:
- defines terms;
- provides that certain records of the Prosecutor Conduct Commission are protected;
- creates the Prosecutor Conduct Commission (commission) within the State Commission on Criminal and Juvenile Justice;
- provides the membership of the commission;
- addresses terms, vacancies, and compensation for members of the commission;
- allows the commission to select a chair for a two-year term;
- addresses staffing for the commission;
- addresses the duties and functions of the commission;
- addresses the complaint and investigation process for the commission;
- allows a prospective employer to inquire as to whether there is a pending investigation regarding a prosecuting attorney;
- provides the requirements for a finding of professional misconduct by a prosecuting attorney;
- provides reporting requirements when the commission makes a finding of professional misconduct;
- enacts an annual reporting requirement to the Legislature regarding complaints and investigations by the commission; and
- makes technical and conforming changes.

Statutes affected:
Introduced: 63G-2-305
Substitute #1: 63G-2-305
Substitute #2: 63G-2-305
Enrolled: 63G-2-305, 63M-7-101.5
Substitute #3: 63G-2-305, 63M-7-101.5