assembly Bill A4360A

2017-2018 Legislative Session

Establishes new criminal discovery rules; repealer

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Current Bill Status - Passed Assembly


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 06, 2018 referred to rules
delivered to senate
passed assembly
Mar 08, 2018 advanced to third reading cal.710
Mar 05, 2018 reported
Feb 12, 2018 print number 4360a
Feb 12, 2018 amend and recommit to codes
Jan 03, 2018 referred to codes
Feb 02, 2017 referred to codes

A4360 - Details

See Senate Version of this Bill:
S8707
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld Art 240, add Art 245 §§245.10 - 245.85, amd §§610.20, 65.20, 200.95, 255.10, 255.20, 340.30, 400.27 & 440.30, CP L; amd §§450.10, 460.80 & 480.10, Pen L
Versions Introduced in Previous Legislative Sessions:
2015-2016: A2924
2013-2014: A3667
2011-2012: A6907A

A4360 - Summary

Establishes new criminal discovery rules; amends cross references.

A4360 - Bill Text download pdf

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

                                  4360

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2017
                               ___________

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

AN  ACT  to  amend  the  criminal  procedure  law  and the penal law, in
  relation to establishing new criminal discovery rules; and  to  repeal
  article 240 of the criminal procedure law relating thereto

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

  Section 1. Article 240 of the criminal procedure law is REPEALED.
  S 2. The criminal procedure law is amended by adding a new article 245
to read as follows:
                                ARTICLE 245
                                DISCOVERY
SECTION 245.10 TIMING OF DISCOVERY.
        245.20 AUTOMATIC DISCOVERY.
        245.25 MATERIAL HELD BY OTHER GOVERNMENTAL PERSONNEL.
        245.30 DISCRETIONARY DISCOVERY BY ORDER OF THE COURT.
        245.35 DEPOSITIONS.
        245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
        245.45 PRESERVATION OF EVIDENCE.
        245.50 CERTIFICATES OF COMPLIANCE.
        245.55 FLOW OF INFORMATION.
        245.60 CONTINUING DUTY TO DISCLOSE.
        245.65 WORK PRODUCT.
        245.70 PROTECTIVE ORDERS.
        245.75 AMENDMENT OF DISCOVERY ORDERS.
        245.80 WAIVER OF DISCOVERY BY DEFENDANT.
        245.85 REMEDIES OR SANCTIONS FOR NONCOMPLIANCE.
        245.90 ADMISSIBILITY OF DISCOVERY.
S 245.10 TIMING OF DISCOVERY.
  1. PROSECUTION'S PERFORMANCE OF OBLIGATIONS. (A) THE PROSECUTION SHALL
PERFORM ITS INITIAL  DISCOVERY  OBLIGATIONS  UNDER  SUBDIVISION  ONE  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03711-01-7

Co-Sponsors

view additional co-sponsors

A4360A (ACTIVE) - Details

See Senate Version of this Bill:
S8707
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld Art 240, add Art 245 §§245.10 - 245.85, amd §§610.20, 65.20, 200.95, 255.10, 255.20, 340.30, 400.27 & 440.30, CP L; amd §§450.10, 460.80 & 480.10, Pen L
Versions Introduced in Previous Legislative Sessions:
2015-2016: A2924
2013-2014: A3667
2011-2012: A6907A

A4360A (ACTIVE) - Summary

Establishes new criminal discovery rules; amends cross references.

A4360A (ACTIVE) - Bill Text download pdf

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

                                 4360--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2017
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
  relation  to  establishing new criminal discovery rules; and to repeal
  article 240 of the criminal procedure law relating thereto

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

  Section 1. Article 240 of the criminal procedure law is REPEALED.
  S 2. The criminal procedure law is amended by adding a new article 245
to read as follows:
                               ARTICLE 245
                                DISCOVERY
SECTION 245.10 TIMING OF DISCOVERY.
        245.20 AUTOMATIC DISCOVERY.
        245.25 DISCLOSURE PRIOR TO GUILTY PLEA DEADLINE.
        245.30 COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY.
        245.35 COURT ORDERED PROCEDURES TO FACILITATE COMPLIANCE.
        245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
        245.45 DNA COMPARISON ORDER.
        245.50 CERTIFICATES OF COMPLIANCE.
        245.55 FLOW OF INFORMATION.
        245.60 CONTINUING DUTY TO DISCLOSE.
        245.65 WORK PRODUCT.
        245.70 PROTECTIVE ORDERS.
        245.75 WAIVER OF DISCOVERY BY DEFENDANT.
        245.80 REMEDIES OR SANCTIONS FOR NON-COMPLIANCE.
        245.85 ADMISSIBILITY OF DISCOVERY.
S 245.10 TIMING OF DISCOVERY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03711-03-8

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