S T A T E O F N E W Y O R K
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7194
2015-2016 Regular Sessions
I N A S S E M B L Y
April 27, 2015
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Introduced by M. of A. LENTOL -- (at request of the Office of Court
Administration) -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to grand juries
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 190.25 of the criminal procedure
law is amended by adding a new closing paragraph to read as follows:
NOTWITHSTANDING THE FOREGOING, AND EXCEPT DURING THE DELIBERATIONS AND
VOTING OF A GRAND JURY, A SUPERIOR COURT JUDGE MUST BE PRESENT DURING
ANY PROCEEDINGS BEFORE A GRAND JURY THAT INVOLVE SUBMISSION OF A CRIMI-
NAL CHARGE AGAINST A POLICE OFFICER FOR A FELONY OFFENSE SPECIFIED IN
ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-ONE OR ONE HUNDRED TWEN-
TY-FIVE OF THE PENAL LAW COMMITTED WHILE ACTING IN THE COURSE OF HIS OR
HER OFFICIAL DUTIES. WHILE PRESENT, THE JUDGE SHALL EXERCISE POWERS AND
DUTIES THAT ARE APPROPRIATE TO THE JUDGE'S SUPERVISORY AUTHORITY OVER
PROCEEDINGS BEFORE THE GRAND JURY AND THAT OTHERWISE WILL ASSIST IT IN
DISCHARGE OF ITS FUNCTIONS, INCLUDING BUT NOT LIMITED TO RULING ON LEGAL
ISSUES AND DETERMINING THE ADMISSIBILITY OF EVIDENCE. THE JUDGE MAY
ALSO ADVISE THE GRAND JURORS, WHERE APPROPRIATE, THAT ADDITIONAL
WITNESSES MAY BE CALLED TO TESTIFY BEFORE THEM. AT THE CLOSE OF THE
PRESENTATION OF EVIDENCE, THE DISTRICT ATTORNEY SHALL FURNISH THE COURT
WITH THE CHARGES TO BE SUBMITTED TO THE GRAND JURY AND THE COURT SHALL
INSTRUCT THE GRAND JURY IN ACCORDANCE WITH SUBDIVISION SIX OF THIS
SECTION AS TO ANY SUCH CHARGES SUPPORTED BY LEGALLY SUFFICIENT EVIDENCE
FOR WHICH AN INDICTMENT IS AUTHORIZED UNDER SECTION 190.65 OF THIS ARTI-
CLE; PROVIDED, HOWEVER, THAT WHERE A CHARGE IS NOT SUPPORTED BY LEGALLY
SUFFICIENT EVIDENCE BUT THE EVIDENCE IS LEGALLY SUFFICIENT TO SUPPORT A
LESSER INCLUDED OFFENSE, THE COURT, AT THE REQUEST OF THE DISTRICT
ATTORNEY, SHALL INSTRUCT THE GRAND JURY ON THE MOST SERIOUS LESSER
INCLUDED OFFENSE WITH RESPECT TO WHICH THE EVIDENCE BEFORE THE GRAND
JURY IS SUFFICIENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09307-01-5
A. 7194 2
S 2. Section 190.25 of the criminal procedure law is amended by adding
a new subdivision 4-a to read as follows:
4-A. (A) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF THIS
SECTION, WHEN, FOLLOWING SUBMISSION TO A GRAND JURY OF A CRIMINAL CHARGE
OR CHARGES THE GRAND JURY DISMISSES ALL CHARGES PRESENTED, AN APPLICA-
TION MAY BE MADE TO THE SUPERIOR COURT FOR DISCLOSURE OF THE FOLLOWING
MATERIAL RELATING TO THE PROCEEDINGS BEFORE SUCH GRAND JURY:
(I) THE CRIMINAL CHARGE OR CHARGES SUBMITTED;
(II) THE LEGAL INSTRUCTIONS PROVIDED TO THE GRAND JURY;
(III) THE TESTIMONY OF ALL PUBLIC SERVANTS WHO TESTIFIED BEFORE THE
GRAND JURY AND OF ALL PERSONS WHO PROVIDED EXPERT TESTIMONY; AND
(IV) THE TESTIMONY OF ALL OTHER PERSONS WHO TESTIFIED BEFORE THE GRAND
JURY, REDACTED TO PREVENT DISCOVERY OF THEIR NAMES AND SUCH OTHER
PERSONAL DATA OR INFORMATION THAT MAY REVEAL OR HELP TO REVEAL THEIR
IDENTITIES.
(B) THE APPLICATION SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION MAY
BE MADE BY ANY PERSON, MUST BE IN WRITING AND, EXCEPT WHERE MADE BY THE
PEOPLE, MUST BE UPON NOTICE TO THE PEOPLE. EXCEPT FOR GOOD CAUSE OTHER-
WISE SHOWN, THE APPLICATION MUST BE MADE WITHIN ONE YEAR OF THE CLOSE OF
THE TERM OF THE GRAND JURY WHICH DISMISSED SUCH CHARGES. WHERE MORE THAN
ONE APPLICATION IS MADE HEREUNDER IN RELATION TO SUCH A DISMISSAL, THE
COURT MAY CONSOLIDATE THEM AND DETERMINE THEM TOGETHER. WHERE NO APPLI-
CATION HEREUNDER IS MADE, THE SUPERIOR COURT MAY ORDER DISCLOSURE ON ITS
OWN MOTION AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION AT ANY TIME
FOLLOWING NOTICE TO THE PEOPLE AND AN OPPORTUNITY TO BE HEARD.
(C) UPON AN APPLICATION AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVI-
SION OR ON ITS OWN MOTION, THE COURT SHALL DETERMINE WHETHER:
(I) THE GENERAL PUBLIC IN THE COUNTY IN WHICH THE GRAND JURY WAS DRAWN
AND IMPANELED LIKELY IS AWARE THAT A CRIMINAL INVESTIGATION HAD BEEN
CONDUCTED IN CONNECTION WITH THE SUBJECT MATTER OF THE GRAND JURY
PROCEEDING; AND
(II) THE IDENTITY OF THE SUBJECT AGAINST WHOM THE CRIMINAL CHARGE
SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION WAS SUBMITTED TO A GRAND
JURY HAS ALREADY BEEN DISCLOSED PUBLICLY OR SUCH SUBJECT HAS CONSENTED
TO SUCH DISCLOSURE; AND
(III) THERE IS SIGNIFICANT PUBLIC INTEREST IN DISCLOSURE.
WHERE THE COURT IS SATISFIED THAT ALL THREE OF THESE FACTORS HAVE BEEN
ESTABLISHED, AND EXCEPT AS PROVIDED IN PARAGRAPH (D) OF THIS SUBDIVI-
SION, THE COURT SHALL DIRECT THE DISTRICT ATTORNEY TO PROVIDE DISCLOSURE
OF THE ITEMS SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION.
(D) NOTWITHSTANDING THE OTHER PROVISIONS OF THIS SUBDIVISION, ON
APPLICATION OF THE DISTRICT ATTORNEY OR ANY INTERESTED PERSON, OR ON ITS
OWN MOTION, THE COURT SHALL LIMIT DISCLOSURE OF THE ITEMS SPECIFIED IN
PARAGRAPH (A) OF THIS SUBDIVISION, IN WHOLE OR PART, WHERE THE COURT
DETERMINES THERE IS A REASONABLE LIKELIHOOD THAT THE DISCLOSURE MAY LEAD
TO DISCOVERY OF THE IDENTITY OF A WITNESS WHO IS NOT A PUBLIC SERVANT OR
EXPERT WITNESS, IMPERIL THE HEALTH OR SAFETY OF ANY GRAND JUROR OR
WITNESS APPEARING BEFORE THE GRAND JURY, JEOPARDIZE ANY CURRENT OR
FUTURE CRIMINAL INVESTIGATION, THREATEN PUBLIC SAFETY OR IS OTHERWISE
AGAINST THE INTEREST OF JUSTICE.
(E) WHERE A COURT DETERMINES NOT TO DIRECT DISCLOSURE PURSUANT TO THIS
SUBDIVISION, IT SHALL DO SO IN A WRITTEN ORDER DISMISSING THE APPLICA-
TION THEREFOR THAT SHALL, TO THE EXTENT PRACTICABLE, EXPLAIN THE BASIS
FOR ITS DETERMINATION.
S 3. The opening paragraph of subdivision 1 of section 210.20 of the
criminal procedure law is amended to read as follows:
A. 7194 3
After arraignment upon an indictment, AND NOTWITHSTANDING SUBDIVISION
THREE OF SECTION 190.25, the superior court may, upon motion of the
defendant, dismiss such indictment or any count thereof upon the ground
that:
S 4. This act shall take effect immediately.