senate Bill S3276

2011-2012 Legislative Session

Relates to exculpatory material

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
notice of committee consideration - requested
Jan 04, 2012 referred to codes
Feb 15, 2011 referred to codes

S3276 - Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Add §240.25, amd §§240.20 & 440.10, CP L
Versions Introduced in 2009-2010 Legislative Session:
S7893

S3276 - Summary

Relates to exculpatory material and requires for disclosure of such to the defense.

S3276 - Sponsor Memo

S3276 - Bill Text download pdf

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

                                  3276

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation  to  exculpatory
  material

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

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 240.25 to read as follows:
S 240.25 DISCLOSURE OF INFORMATION EXCULPATORY TO THE DEFENSE.
  1.  DEFINITION.   EXCULPATORY INFORMATION INCLUDES, BUT IS NOT LIMITED
TO, INFORMATION THAT IS MATERIAL AND FAVORABLE TO  THE  ACCUSED  BECAUSE
THE INFORMATION:
  (A) CASTS DOUBT ON WHETHER THE CONDUCT OF THE ACCUSED SATISFIED ONE OR
MORE  OF THE ELEMENTS OF A CRIME CHARGED IN THE INDICTMENT, INFORMATION,
OR OTHER CHARGING INSTRUMENT;
  (B) CASTS DOUBT ON WHETHER THE CRIME CHARGED OCCURRED;
  (C) CASTS DOUBT ON THE ADMISSIBILITY OF EVIDENCE THAT  THE  PROSECUTOR
ANTICIPATES  OFFERING  IN  THE  PROSECUTION'S  CASE-IN-CHIEF BECAUSE THE
INFORMATION PROVIDES A BASIS FOR A MOTION TO SUPPRESS  OR  EXCLUDE  SUCH
EVIDENCE;
  (D)  CASTS  DOUBT ON THE CREDIBILITY OR ACCURACY OF TESTIMONY OR OTHER
EVIDENCE  THAT  THE  PROSECUTOR  ANTICIPATES  OFFERING  IN  HIS  OR  HER
CASE-IN-CHIEF;
  (E) DIMINISHES THE DEGREE OF THE ACCUSED'S CULPABILITY OR THE LEVEL OF
OFFENSE CHARGED;
  (F)  SUPPORTS  A  DEFENSE TO THE CHARGE OR CHARGES PENDING AGAINST THE
ACCUSED;
  (G) MITIGATES, REDUCES OR AFFECTS THE SENTENCE THAT MUST OR  MIGHT  BE
IMPOSED;
  (H)  TENDS  TO  LEAD  TO INFORMATION THAT WOULD SATISFY PARAGRAPHS (A)
THROUGH (G) OF THIS SUBDIVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07101-01-1

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