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Assembly Bill A7356

2017-2018 Legislative Session

Permits corrective remedies for violations of certain discovery rules in criminal proceedings only when substantial rights of the party are affected

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Archive: Last Bill Status - In Assembly Committee

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2017-A7356 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §240.46, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5596
2011-2012: A5116
2013-2014: A6621
2015-2016: A5831
2019-2020: A5600

2017-A7356 (ACTIVE) - Summary

Permits corrective remedies, including but not limited to, preclusion, reversal or modification for violations of certain discovery rules in criminal proceedings only when substantial rights of the party are affected and such remedies shall be available only to the extent to correct prejudice caused by the violation.

2017-A7356 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7356
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 24, 2017
                                ___________
 
 Introduced  by  M. of A. OAKS, KOLB, FINCH, WALTER, CASTORINA, ERRIGO --
   Multi-Sponsored by -- M. of A. BLANKENBUSH, CROUCH, LALOR,  McDONOUGH,
   McKEVITT,  B. MILLER  --  read  once  and referred to the Committee on
   Codes
 
 AN ACT to amend the criminal procedure law, in  relation  to  corrective
   remedies

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 240.46 to read as follows:
 § 240.46 CORRECTIVE REMEDIES.
   A  VIOLATION  OF  SECTION  240.45 WILL ENTITLE A PARTY TO A CORRECTIVE
 REMEDY UNDER SUBDIVISION ONE OF  SECTION  240.70  ONLY  IF  THE  PARTY'S
 SUBSTANTIAL RIGHTS ARE AFFECTED, AND ONLY TO THE EXTENT REQUIRED TO CURE
 THE PREJUDICE TO THOSE RIGHTS. A COURT SHALL NOT SET ASIDE A CONVICTION,
 OR  REVERSE  OR  MODIFY A JUDGMENT, ON ACCOUNT OF A VIOLATION OF SECTION
 240.45 UNLESS THE DEFENDANT DEMONSTRATES THAT  HIS  OR  HER  SUBSTANTIAL
 RIGHTS ARE AFFECTED.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08399-01-7

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