|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|
senate Bill S3322
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3322 - Details
S3322 - Sponsor Memo
BILL NUMBER:S3322 TITLE OF BILL: An act to amend the criminal procedure law, in relation to exculpatory material PURPOSE: To provide definitions of exculpatory information, to clarify what information must be delivered, establish the timeframe within which it must be delivered, and provide for circumstances where there has been a violation. SUMMARY OF PROVISIONS: Section 1 of the bill adds a new § 240.25 to the Criminal Procedure Law (CPL) to provide definitions of exculpatory information, to clarify what information must be delivered and establish the timeframe with in which it must be delivered and provide for circumstances where there has been a violation. Section 2 of the bill amends Subdivision 1 of CPL § 240.20 to add a new paragraph 1 to provide the circumstances under which a prosecutor must disclose information resulting from DNA testing. Section 3 of the bill amends Subdivision 1 of CPL § 440.10 to add a new paragraph j to provide the circumstances under which a court may vacate a judgment for failure of the prosecution to provide to the defense exculpatory information as required by law.
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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