Assembly Bill A1642

2013-2014 Legislative Session

Relates to discovery requirements and procedures; repealer

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A1642 (ACTIVE) - Details

See Senate Version of this Bill:
S4678
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld & add Art 240 §§240.10 - 240.70, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10648
2015-2016: A663, S3877
2017-2018: A2098, S5005

2013-A1642 (ACTIVE) - Summary

Relates to discovery requirements and procedures.

2013-A1642 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1642

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of A. LENTOL, GANTT -- read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law,  in  relation  to  discovery
  requirements  and  procedures and to repeal certain provisions of such
  law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 240 of the criminal procedure law is REPEALED and a
new article 240 is added to read as follows:
                               ARTICLE 240
             AUTOMATIC DISCOVERY PROCEDURE AND REQUIREMENTS
SECTION 240.10 AUTOMATIC DISCOVERY.
        240.20 RECIPROCAL DISCOVERY.
        240.30 DEPOSITIONS.
        240.35 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
        240.40 PRESERVATION OF EVIDENCE.
        240.43 DISCRETIONARY DISCOVERY BY ORDER OF THE COURT.
        240.44 CERTIFICATES OF COMPLIANCE.
        240.45 CONTINUING DUTY TO DISCLOSE.
        240.50 PROTECTIVE ORDERS.
        240.60 REMEDIES  AND SANCTIONS FOR NONCOMPLIANCE WITH THIS ARTI-
                CLE.
        240.70 LOST OR DESTROYED MATERIALS.
S 240.10 AUTOMATIC DISCOVERY.
  THE PROSECUTION IS HEREBY  REQUIRED  TO  PROVIDE  DISCOVERY  MATERIALS
WITHOUT  A  MOTION  BY DEFENSE BEFORE OR AT ARRAIGNMENT. THE PROSECUTION
SHALL DISCLOSE TO THE DEFENDANT, AND PERMIT THE DEFENDANT  TO  DISCOVER,
INSPECT,   COPY  OR  PHOTOGRAPH,  ALL  ITEMS  AND  INFORMATION  WHEN  IN
POSSESSION, CUSTODY OR CONTROL OF THE PROSECUTION OR PERSONS  UNDER  THE
PROSECUTION'S DIRECTION OR CONTROL INCLUDING BUT NOT LIMITED TO:
  1.  WITNESS  CONTACT  INFORMATION  AND ALL WRITTEN AND RECORDED STATE-
MENTS, AND THE SUBSTANCE OF ALL ORAL STATEMENTS. THE  PROBATION  DEPART-
MENT   IS  REQUIRED  TO  PROVIDE  THE  PARTIES  WITH  A  RECORD  OF  ALL
              

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