S T A T E O F N E W Y O R K
________________________________________________________________________
7568
2015-2016 Regular Sessions
I N A S S E M B L Y
May 19, 2015
___________
Introduced by M. of A. KAMINSKY -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to rules of
evidence at grand jury hearings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2-a and subparagraph (ii) of paragraph (a) of
subdivision 8 of section 190.30 of the criminal procedure law, subdivi-
sion 2-a as amended by chapter 453 of the laws of 1999 and subparagraph
(ii) of paragraph (a) of subdivision 8 as added by chapter 279 of the
laws of 2008, are amended to read as follows:
2-a. When the electronic transmission of a certified report, or certi-
fied copy thereof, of the kind described in subdivision two or three-a
of this section or a sworn statement or copy thereof, of the kind
described in subdivision three of this section, OR A BUSINESS RECORD AS
IN RULE FORTY-FIVE HUNDRED EIGHTEEN OF THE CIVIL PRACTICE LAW AND RULES,
results in a written document, such written document may be received in
such grand jury proceeding provided that: (a) a transmittal memorandum
completed by the person sending the report contains a certification that
the report has not been altered and a description of the report specify-
ing the number of pages; and (b) the person who receives the electron-
ically transmitted document certifies that such document and transmittal
memorandum were so received; and (c) a certified report or a certified
copy or sworn statement or sworn copy thereof is filed with the court
within twenty days following arraignment upon the indictment; and (d)
where such written document is a sworn statement or sworn copy thereof
of the kind described in subdivision three of this section, such sworn
statement or sworn copy thereof is also provided to the defendant or his
counsel within twenty days following arraignment upon the indictment.
(ii) financial transactions, and a person's ownership or possessory
interest in any account, at a bank, insurance company, brokerage,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07255-02-5
A. 7568 2
exchange or banking organization as defined in section two of the bank-
ing law. ALL RECORDS AS DEFINED IN RULE FORTY-FIVE HUNDRED EIGHTEEN OF
THE CIVIL PRACTICE LAW AND RULES MAY BE RECEIVED IN SUCH GRAND JURY
PROCEEDINGS AS EVIDENCE OF THE FACTS STATED OR CONTAINED THEREIN.
S 2. Paragraph (g) of subdivision 3 of section 190.30 of the criminal
procedure law, as added by chapter 690 of the laws of 2005, is amended
and two new paragraphs (h) and (i) are added to read as follows:
(g) that person's ownership of, or possessory right in, a credit card
account number or debit card account number, and the defendant's lack of
superior or equal right to use or possession thereof[.];
(H) THAT PERSON'S POSSESSORY RIGHT IN "PERSONAL IDENTIFYING INFORMA-
TION" OR A "PERSONAL IDENTIFICATION NUMBER," AS DEFINED IN SECTION
190.77 OF THE PENAL LAW, AND THE DEFENDANT'S LACK OF SUPERIOR OR EQUAL
RIGHT TO USE OR POSSESSION THEREOF;
(I) THAT PERSON'S QUALIFICATIONS AS A CUSTODIAN OF RECORDS AND DATA
STORED AND MAINTAINED BY AN ELECTRONIC COMMUNICATIONS SERVICE OR REMOTE
COMPUTING SERVICE, AND SPECIFIED RECORDS AND DATA BEFORE THE GRAND JURY
ARE TRUE AND ACCURATE COPIES OF THE RECORDS AND DATA MAINTAINED BY THE
CUSTODIAN.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.