S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7323
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 24, 2017
                                ___________
 
 Introduced  by M. of A. TITONE, CUSICK, GOTTFRIED, DILAN, SOLAGES, WALK-
   ER, SEPULVEDA, BARRON, COOK, PICHARDO, ARROYO,  STECK,  PERRY,  TITUS,
   BLAKE,  MOSLEY,  WEPRIN,  GALEF,  PAULIN,  COLTON,  ABINANTI, AUBRY --
   Multi-Sponsored by -- M. of A. DenDEKKER, LAWRENCE, SIMON,  THIELE  --
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11009-01-7
              

 A. 7323                             2
 
   (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
 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.
   § 2. Section 215.70 of the penal law, as amended by chapter 843 of the
 laws of 1980, is amended to read as follows:
 § 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.
   § 3. This act shall take effect immediately.