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.