Senate Bill S6675

                                BILL NUMBER:S6675

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to the issuance of a
supporting deposition

This is one in a series of measures being introduced at the request
of the Chief Administrative Judge upon the recommendation of her Local
Courts Advisory Committee.

This measure would amend section 100.25 of the Criminal Procedure Law
to authorize a law enforcement officer issuing a simplified
information to issue the supporting deposition simultaneously with
the ticket and place on the supporting deposition to be filed in court
an attestation concerning the service of the supporting deposition.

Currently, a defendant charged by a simplified information is entitled
to have filed in court and served upon him or her a supporting
deposition alleging facts that establish reasonable cause for the
charges that are the subject of the simplified information. Under
the procedure set forth in CPL 100.25, in order to obtain the
supporting deposition, the defendant must request it from the court
within the time-frame defined by the statute -specifically, before a
plea of guilty or the commencement of trial, but no later than 30
days after the court appearance date set forth on the simplified
              

information. See CPL 100.25(2). Upon receipt of the request, the court
orders the police officer to supply the supporting deposition. The
police officer then has 30 days from the court's receipt of the
request to serve and file the supporting deposition. Id. Failure to
serve the supporting deposition within 30 days constitutes sufficient
cause for dismissal of the case. See CPL 170.30(1)(a) and 100.40(2).

This measure would streamline the process by authorizing the officer
issuing a ticket also to issue the supporting deposition at the same
time, without waiting for the defendant to make a formal request to
the court for the supporting deposition. In addition, this measure
authorizes the ticket-issuing officer to place an attestation of
service of the supporting deposition on a copy of the supporting
deposition so as to enable the officer to file the supporting
deposition with the court.

By requiring the ticket-issuing officer to issue and file the
supporting deposition without waiting for the defendant to request
it, this measure assures that the case will be decided on the merits.

This measure would have no fiscal impact upon the State. It would take
effect on the first day of January next succeeding the date on which
it shall have become law and shall apply to all actions and proceedings
commenced on or after such effective date.

2011 LEGISLATIVE HISTORY:
None. New proposal.