S T A T E   O F   N E W   Y O R K
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                                  3462

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2015
                               ___________

Introduced by M. of A. TITONE -- read once and referred 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
              

A. 3462                             2

JURY, ANY EVIDENCE THAT MAY IMPERIL THE HEALTH OR SAFETY  OF  ANY  GRAND
JUROR  OR WITNESS APPEARING BEFORE THE GRAND JURY, ANY EVIDENCE THAT MAY
IDENTIFY ANY GRAND JUROR OR WITNESS APPEARING BEFORE THE GRAND JURY, ANY
INFORMATION  THAT COULD IMPACT ANY CURRENT OR ONGOING INVESTIGATION, AND
ANY OTHER INFORMATION IN THE INTEREST OF PUBLIC SAFETY.
  S 2. Section 215.70 of the penal law, as amended by chapter 843 of the
laws of 1980, is amended to read as follows:
S 215.70 Unlawful grand jury disclosure.
  A person is guilty of unlawful grand jury  disclosure  when,  being  a
grand  juror,  [a public prosecutor,] a grand jury stenographer, a grand
jury interpreter, a police officer or a peace officer guarding a witness
in a grand jury proceeding, or  a  clerk,  attendant,  warden  or  other
public  servant  having official duties in or about a grand jury room or
proceeding, or a public officer or public employee,  he  OR  SHE  inten-
tionally  discloses to another the nature or substance of any grand jury
testimony, or any decision, result or other  matter  attending  a  grand
jury  proceeding  which  is required by law to be kept secret, except in
the proper discharge of his OR HER official duties or upon written order
of the court.  Nothing contained herein shall prohibit  a  witness  from
disclosing his own testimony.
  Unlawful grand jury disclosure is a class E felony.
  S 3. This act shall take effect immediately.