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
                               ___________

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.