senate Bill S1828

2015-2016 Legislative Session

Relates to the disclosure of information attending grand jury proceedings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
Jan 15, 2015 referred to codes

S1828 (ACTIVE) - Details

See Assembly Version of this Bill:
A3462
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.25, CP L; amd §215.70, Pen L
Versions Introduced in 2017-2018 Legislative Session:
A7323

S1828 (ACTIVE) - Summary

Relates to the disclosure of information attending grand jury proceedings.

S1828 (ACTIVE) - Sponsor Memo

S1828 (ACTIVE) - Bill Text download pdf

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

                                  1828

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
  relation  to  the  disclosure  of  information  attending  grand  jury
  proceedings

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

  Section  1.  Paragraph  (a)  of subdivision 4 of section 190.25 of the
criminal procedure law, as amended by chapter 677 of the laws  of  1985,
is amended and a new paragraph (c) is added to read as follows:
  (a)  Grand  jury  proceedings are secret, and no grand juror, or other
person, EXCEPT THE DISTRICT ATTORNEY, specified in subdivision three  of
this  section  or  section  215.70  of the penal law, may, except in the
lawful discharge of his OR HER duties  or  upon  written  order  of  the
court,  disclose  the  nature  or substance of any grand jury testimony,
evidence, or any decision, result or other matter attending a grand jury
proceeding. For the purpose of assisting the grand  jury  in  conducting
its investigation, evidence obtained by a grand jury may be independent-
ly  examined  by  the  district  attorney,  members of his OR HER staff,
police officers specifically assigned to  the  investigation,  and  such
other  persons  as  the court may specifically authorize. [Such evidence
may not be disclosed to  other  persons  without  a  court  order.]  THE
DISTRICT ATTORNEY MAY DISCLOSE THE NATURE OR SUBSTANCE OF ANY GRAND JURY
TESTIMONY, EVIDENCE, OR ANY DECISION, RESULT OR OTHER MATTER ATTENDING A
GRAND  JURY PROCEEDING IN THE INTEREST OF JUSTICE BASED ON A VALID WRIT-
TEN REQUEST. Nothing contained herein  shall  prohibit  a  witness  from
disclosing his OR HER own testimony.
  (C)  WHEN A DISTRICT ATTORNEY DISCLOSES THE NATURE OR SUBSTANCE OF ANY
GRAND JURY TESTIMONY, EVIDENCE, OR ANY DECISION, RESULT OR OTHER  MATTER
ATTENDING  A  GRAND JURY PROCEEDING, HE OR SHE SHALL REDACT THE NAMES OF
THE GRAND JURORS, THE NAMES OF ANY WITNESSES APPEARING BEFORE THE  GRAND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08046-01-5

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