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Assembly Bill A3325

2017-2018 Legislative Session

Relates to the public release of grand jury documents

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Archive: Last Bill Status - In Assembly Committee

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2017-A3325 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.25, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7697
2019-2020: A2522
2021-2022: A809
2023-2024: A3259

2017-A3325 (ACTIVE) - Summary

Relates to the public release of grand jury documents; releases the district attorney's grand jury charges to the public upon request once the grand jury has reached a final decision.

2017-A3325 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3325
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the  criminal  procedure  law,  in  relation  to  public
   release of grand jury documents
 
   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 PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS  SECTION
 OR  ANY OTHER LAW TO THE CONTRARY, AT ANY TIME FOLLOWING FINAL ACTION BY
 THE GRAND JURY ON ANY CHARGE OR CHARGES, THE COURT SHALL MAKE SUCH LEGAL
 INSTRUCTIONS AND CHARGES SUBMITTED TO THE GRAND JURY  AVAILABLE  TO  THE
 PUBLIC ON REQUEST, PROVIDED THAT THE NAMES OF WITNESSES AND ANY INFORMA-
 TION   THAT  WOULD  IDENTIFY  SUCH  WITNESSES  INCLUDED  IN  SUCH  LEGAL
 INSTRUCTIONS SHALL BE REDACTED WHEN THE COURT DETERMINES, IN  A  WRITTEN
 ORDER, THAT THERE IS A REASONABLE LIKELIHOOD THAT PUBLIC RELEASE OF SUCH
 INFORMATION WOULD ENDANGER ANY INDIVIDUAL.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04191-01-7

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