senate Bill S3322

2013-2014 Legislative Session

Relates to exculpatory material

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Archive: Last Bill Status - In 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
Jan 08, 2014 referred to codes
Apr 22, 2013 held in committee
Mar 18, 2013 notice of committee consideration - requested
Jan 31, 2013 referred to codes

S3322 - Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Add §240.25, amd §§240.20 & 440.10, CP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3276
2009-2010: S7893

S3322 - Summary

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

S3322 - Sponsor Memo

S3322 - Bill Text download pdf

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

                                  3322

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

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.
                                                           LBD06465-01-3

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