senate Bill S4678

2013-2014 Legislative Session

Relates to discovery requirements and procedures; repealer

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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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Apr 18, 2013 referred to codes

Co-Sponsors

S4678 - Details

See Assembly Version of this Bill:
A1642
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld & add Art 240 ยงยง240.10 - 240.70, CP L
Versions Introduced in 2011-2012 Legislative Session:
A10648

S4678 - Summary

Relates to discovery requirements and procedures.

S4678 - Sponsor Memo

S4678 - Bill Text download pdf

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

                                  4678

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 18, 2013
                               ___________

Introduced  by  Sen. PERKINS -- 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  discovery
  requirements  and  procedures and to repeal certain provisions of such
  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 Article 240 of the criminal procedure law is REPEALED and a
new article 240 is added to read as follows:
                               ARTICLE 240
             AUTOMATIC DISCOVERY PROCEDURE AND REQUIREMENTS
SECTION 240.10 AUTOMATIC DISCOVERY.
        240.20 RECIPROCAL DISCOVERY.
        240.30 DEPOSITIONS.
        240.35 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
        240.40 PRESERVATION OF EVIDENCE.
        240.43 DISCRETIONARY DISCOVERY BY ORDER OF THE COURT.
        240.44 CERTIFICATES OF COMPLIANCE.
        240.45 CONTINUING DUTY TO DISCLOSE.
        240.50 PROTECTIVE ORDERS.
        240.60 REMEDIES  AND SANCTIONS FOR NONCOMPLIANCE WITH THIS ARTI-
                CLE.
        240.70 LOST OR DESTROYED MATERIALS.
S 240.10 AUTOMATIC DISCOVERY.
  THE PROSECUTION IS HEREBY  REQUIRED  TO  PROVIDE  DISCOVERY  MATERIALS
WITHOUT  A  MOTION  BY DEFENSE BEFORE OR AT ARRAIGNMENT. THE PROSECUTION
SHALL DISCLOSE TO THE DEFENDANT, AND PERMIT THE DEFENDANT  TO  DISCOVER,
INSPECT,   COPY  OR  PHOTOGRAPH,  ALL  ITEMS  AND  INFORMATION  WHEN  IN
POSSESSION, CUSTODY OR CONTROL OF THE PROSECUTION OR PERSONS  UNDER  THE
PROSECUTION'S DIRECTION OR CONTROL INCLUDING BUT NOT LIMITED TO:
  1.  WITNESS  CONTACT  INFORMATION  AND ALL WRITTEN AND RECORDED STATE-
MENTS, AND THE SUBSTANCE OF ALL ORAL STATEMENTS. THE  PROBATION  DEPART-
MENT   IS  REQUIRED  TO  PROVIDE  THE  PARTIES  WITH  A  RECORD  OF  ALL
CONVICTIONS, COMPLAINTS, AND INDICTMENTS AGAINST ALL OF THE  PROSPECTIVE

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