senate Bill S4089A

2013-2014 Legislative Session

Relates to discovery

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Sponsored By

Archive: Last Bill Status -


  • 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
Jun 15, 2013 print number 4089a
amend (t) and recommit to codes
Mar 08, 2013 referred to codes

Co-Sponsors

S4089 - Details

See Assembly Version of this Bill:
A3801
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §240.40, CP L

S4089 - Summary

Relates to discovery.

S4089 - Sponsor Memo

S4089 - Bill Text download pdf

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

                                  4089

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 8, 2013
                               ___________

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

AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
  relation  to  criminal  discovery; and to repeal certain provisions 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 Article 240 of the criminal procedure law is REPEALED.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 AVAILABILITY OF PROTECTIVE ORDERS.
        245.20 PHASE ONE DISCOVERY OBLIGATION OF PROSECUTION.
        245.30 PHASE TWO DISCOVERY OBLIGATION OF PROSECUTION.
        245.40 RECIPROCAL DISCOVERY OBLIGATION OF THE DEFENDANT.
        245.45 DISCLOSURE OF PRIOR MISCONDUCT OR CRIMINAL ACTS.
        245.50 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
        245.55 COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY.
        245.60 MATERIAL HELD BY OTHER GOVERNMENTAL PERSONNEL.
        245.65 CERTIFICATES OF COMPLIANCE.
        245.70 COURT ORDERED PROCEDURES TO FACILITATE COMPLIANCE.
        245.75 FLOW OF INFORMATION WITH POLICE.
        245.80 CONTINUING DUTY TO DISCLOSE.
        245.85 WORK PRODUCT.
        245.90 AVAILABILITY OF REMEDIES FOR VIOLATIONS.
        245.95 ADMISSIBILITY OF DISCOVERY.
S 245.10 AVAILABILITY OF PROTECTIVE ORDERS.
  1.  ANY  DISCOVERY SUBJECT TO PROTECTIVE ORDER. UPON A SHOWING OF GOOD
CAUSE, THE COURT MAY AT ANY TIME ORDER THAT DISCOVERY OR  INSPECTION  OF
ANY  KIND  OF  MATERIAL  OR  INFORMATION  UNDER  THIS ARTICLE BE DENIED,
RESTRICTED, CONDITIONED OR DEFERRED, OR MAKE  SUCH  OTHER  ORDER  AS  IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09687-01-3

Co-Sponsors

S4089A (ACTIVE) - Details

See Assembly Version of this Bill:
A3801
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §240.40, CP L

S4089A (ACTIVE) - Summary

Relates to discovery.

S4089A (ACTIVE) - Sponsor Memo

S4089A (ACTIVE) - Bill Text download pdf

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

                                 4089--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 8, 2013
                               ___________

Introduced  by  Sens.  SAVINO, PARKER -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the criminal procedure law, in relation to discovery

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

  Section  1.  Paragraph  (c)  of subdivision 1 of section 240.40 of the
criminal procedure law, as amended by chapter 19 of the laws of 2012, is
amended to read as follows:
  (c) may order discovery with respect to any other property[, which the
people intend to introduce at the trial,] upon a showing by the  defend-
ant  that  discovery  with  respect  to such property is material to the
preparation of his or her defense, and that the request  is  reasonable;
and
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09687-02-3

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