assembly Bill A6907A

2011-2012 Legislative Session

Establishes new criminal discovery rules; repealer

download bill text pdf

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Archive: Last Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 31, 2012 amended on third reading 6907a
May 24, 2012 advanced to third reading cal.637
May 22, 2012 reported
Jan 04, 2012 referred to codes
Apr 05, 2011 referred to codes

A6907 - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Rpld Art 240, add Art 245 §§245.10 - 245.90, amd §§65.20, 200.95, 255.10, 340.30, 400.27 & 440.30, CP L; amd §§460.80 & 480.10, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A3667
2015-2016: A2924
2017-2018: A4360
2019-2020: A1431

A6907 - Summary

Establishes new criminal discovery rules; amends cross references.

A6907 - Bill Text download pdf

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

                                  6907

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

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

AN  ACT  to  amend  the  criminal  procedure  law  and the penal law, in
  relation to establishing new criminal discovery rules; and  to  repeal
  article 240 of the criminal procedure 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 Article 240 of the criminal procedure law is REPEALED.
  S 2. The criminal procedure law is amended by adding a new article 245
to read as follows:
                                ARTICLE 245
                                DISCOVERY
SECTION 245.10 TIMING OF DISCOVERY.
        245.20 AUTOMATIC DISCOVERY.
        245.25 MATERIAL HELD BY OTHER GOVERNMENTAL PERSONNEL.
        245.30 DISCRETIONARY DISCOVERY BY ORDER OF THE COURT.
        245.35 DEPOSITIONS.
        245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
        245.45 PRESERVATION OF EVIDENCE.
        245.50 CERTIFICATES OF COMPLIANCE.
        245.55 FLOW OF INFORMATION.
        245.60 CONTINUING DUTY TO DISCLOSE.
        245.65 WORK PRODUCT.
        245.70 PROTECTIVE ORDERS.
        245.75 AMENDMENT OF DISCOVERY ORDERS.
        245.80 WAIVER OF DISCOVERY BY DEFENDANT.
        245.85 REMEDIES OR SANCTIONS FOR NONCOMPLIANCE.
        245.90 ADMISSIBILITY OF DISCOVERY.
S 245.10 TIMING OF DISCOVERY.
  1. PROSECUTION'S PERFORMANCE OF OBLIGATIONS. (A) THE PROSECUTION SHALL
PERFORM ITS INITIAL  DISCOVERY  OBLIGATIONS  UNDER  SUBDIVISION  ONE  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10278-01-1

A6907A (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Rpld Art 240, add Art 245 §§245.10 - 245.90, amd §§65.20, 200.95, 255.10, 340.30, 400.27 & 440.30, CP L; amd §§460.80 & 480.10, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A3667
2015-2016: A2924
2017-2018: A4360
2019-2020: A1431

A6907A (ACTIVE) - Summary

Establishes new criminal discovery rules; amends cross references.

A6907A (ACTIVE) - Bill Text download pdf

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

                                 6907--A
                                                        Cal. No. 637

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on  Codes  --  advanced  to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place on the order of third reading

AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
  relation  to  establishing new criminal discovery rules; and to repeal
  article 240 of the criminal procedure 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.
  S 2. The criminal procedure law is amended by adding a new article 245
to read as follows:
                                ARTICLE 245
                                DISCOVERY
SECTION 245.10 TIMING OF DISCOVERY.
        245.20 AUTOMATIC DISCOVERY.
        245.25 MATERIAL HELD BY OTHER GOVERNMENTAL PERSONNEL.
        245.30 DISCRETIONARY DISCOVERY BY ORDER OF THE COURT.
        245.35 DEPOSITIONS.
        245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
        245.45 PRESERVATION OF EVIDENCE.
        245.50 CERTIFICATES OF COMPLIANCE.
        245.55 FLOW OF INFORMATION.
        245.60 CONTINUING DUTY TO DISCLOSE.
        245.65 WORK PRODUCT.
        245.70 PROTECTIVE ORDERS.
        245.75 AMENDMENT OF DISCOVERY ORDERS.
        245.80 WAIVER OF DISCOVERY BY DEFENDANT.
        245.85 REMEDIES OR SANCTIONS FOR NONCOMPLIANCE.
        245.90 ADMISSIBILITY OF DISCOVERY.
S 245.10 TIMING OF DISCOVERY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10278-03-2

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