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Assembly Bill A8084

2015-2016 Legislative Session

Relates to grand jury instructions

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Archive: Last Bill Status - On Floor Calendar

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2015-A8084 (ACTIVE) - Details

Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง190.25, CP L

2015-A8084 (ACTIVE) - Summary

Relates to grand jury instructions.

2015-A8084 (ACTIVE) - Bill Text download pdf 

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

                                  8084

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2015
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend the criminal procedure law, in relation to grand jury
  instructions

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

  Section  1.  Subdivision 6 of section 190.25 of the criminal procedure
law is amended to read as follows:
  6. (A) The legal advisors of the grand jury  are  the  court  and  the
district  attorney,  and  the  grand  jury may not seek or receive legal
advice from any other source. Where necessary or appropriate, the  court
or the district attorney, or both, must instruct the grand jury concern-
ing the law with respect to its duties or any matter before it, and such
instructions must be recorded in the minutes.
  (B)  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  FOUR  OF  THIS
SECTION, IN ANY  PROCEEDING  BEFORE  A  GRAND  JURY  THAT  INVOLVES  THE
SUBMISSION  OF  A CRIMINAL CHARGE OR CHARGES AGAINST A PERSON OR PERSONS
FOR AN ACT OR ACTS THAT OCCURRED AT A TIME WHEN SUCH PERSON WAS A POLICE
OFFICER OR PEACE OFFICER AND THAT CONCERN THE DEATH OF ANY  PERSON  THAT
RESULTED FROM OR POTENTIALLY RESULTED FROM INJURIES THAT OCCURRED OR MAY
HAVE  OCCURRED  AS A RESULT OF ANY ENCOUNTER WITH SUCH POLICE OFFICER OR
PEACE OFFICER, FOLLOWING FINAL ACTION BY THE GRAND JURY ON  SUCH  CHARGE
OR  CHARGES,  THE  COURT  SHALL  MAKE THE LEGAL INSTRUCTIONS AND CHARGES
SUBMITTED TO SUCH  GRAND  JURY  AVAILABLE  TO  THE  PUBLIC  ON  REQUEST,
PROVIDED  THAT  THE  NAMES  OF  WITNESSES AND ANY INFORMATION THAT WOULD
IDENTIFY SUCH WITNESSES INCLUDED IN SUCH LEGAL INSTRUCTIONS  OR  CHARGES
SHALL BE REDACTED WHEN THE COURT DETERMINES, IN A WRITTEN ORDER RELEASED
TO  THE  PUBLIC, AND ISSUED AFTER NOTICE TO THE PEOPLE AND THE REQUESTER
AND AN OPPORTUNITY TO BE HEARD AND  REASONABLE  EFFORTS  TO  NOTIFY  AND
PROVIDE  AN  OPPORTUNITY  TO BE HEARD TO ANY OTHER APPROPRIATE PERSON OR
AGENCY, THAT THERE IS A REASONABLE LIKELIHOOD  THAT  PUBLIC  RELEASE  OF
SUCH INFORMATION WOULD ENDANGER ANY INDIVIDUAL.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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