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Assembly Bill A5831

2015-2016 Legislative Session

Permits corrective remedies for violations of certain discovery rules in criminal proceedings only when substantial rights of the party are affected

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Archive: Last Bill Status - In Assembly Committee

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2015-A5831 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add ยง240.46, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5596
2011-2012: A5116
2013-2014: A6621
2017-2018: A7356
2019-2020: A5600

2015-A5831 (ACTIVE) - Summary

Permits corrective remedies, including but not limited to, preclusion, reversal or modification for violations of certain discovery rules in criminal proceedings only when substantial rights of the party are affected and such remedies shall be available only to the extent to correct prejudice caused by the violation.

2015-A5831 (ACTIVE) - Bill Text download pdf 

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

                                  5831

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2015
                               ___________

Introduced  by  M. of A. OAKS, KOLB, FINCH, WALTER -- Multi-Sponsored by
  -- M. of A. CROUCH, LALOR, McDONOUGH, McKEVITT, SALADINO -- read  once
  and referred to the Committee on Codes

AN  ACT  to  amend the criminal procedure law, in relation to corrective
  remedies

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

  Section  1.  The  criminal  procedure  law  is amended by adding a new
section 240.46 to read as follows:
S 240.46 CORRECTIVE REMEDIES.
  A VIOLATION OF SECTION 240.45 WILL ENTITLE A  PARTY  TO  A  CORRECTIVE
REMEDY  UNDER  SUBDIVISION  ONE  OF  SECTION  240.70 ONLY IF THE PARTY'S
SUBSTANTIAL RIGHTS ARE AFFECTED, AND ONLY TO THE EXTENT REQUIRED TO CURE
THE PREJUDICE TO THOSE RIGHTS. A COURT SHALL NOT SET ASIDE A CONVICTION,
OR REVERSE OR MODIFY A JUDGMENT, ON ACCOUNT OF A  VIOLATION  OF  SECTION
240.45  UNLESS  THE  DEFENDANT  DEMONSTRATES THAT HIS OR HER SUBSTANTIAL
RIGHTS ARE AFFECTED.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05884-01-5

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