S T A T E O F N E W Y O R K
________________________________________________________________________
9787
I N A S S E M B L Y
February 8, 2018
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Introduced by M. of A. MOSLEY, HEASTIE, SEPULVEDA, GOTTFRIED, GANTT,
COOK, PERRY, PRETLOW, DINOWITZ, LIFTON, L. ROSENTHAL, CRESPO, WEPRIN,
RODRIGUEZ, KIM, PICHARDO, WALKER, BARRON, SEAWRIGHT, JOYNER, BLAKE,
HYNDMAN, JAFFEE, JEAN-PIERRE -- Multi-Sponsored by -- M. of A.
CARROLL, DAVILA -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to grand jury
proceedings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d) of subdivision 3 of section 190.25 of the
criminal procedure law is amended and a new paragraph (a-1) is added to
read as follows:
(A-1) A JUDGE OR JUSTICE OF THE SUPERIOR COURT;
(d) An interpreter. Upon request of the grand jury OR THE COURT, the
prosecutor must provide an interpreter to interpret the testimony of any
witness who does not speak the English language well enough to be readi-
ly understood. Such interpreter must, if he OR SHE has not previously
taken the constitutional oath of office, first take an oath before the
grand jury that he OR SHE will faithfully interpret the testimony of the
witness and that he OR SHE will keep secret all matters before such
grand jury within his OR HER knowledge;
§ 2. Subdivision 4 of section 190.25 of the criminal procedure law is
amended by adding six new paragraphs (c), (d), (e), (f), (g) and (h) to
read as follows:
(C) IN ADDITION TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, WHEN,
FOLLOWING SUBMISSION TO A GRAND JURY OF A CRIMINAL CHARGE OR CHARGES,
THE GRAND JURY DISMISSES ALL CHARGES PRESENTED OR DIRECTS THE DISTRICT
ATTORNEY TO FILE IN A LOCAL CRIMINAL COURT A PROSECUTOR'S INFORMATION
CHARGING AN OFFENSE OTHER THAN A FELONY, AS PROVIDED IN SUBDIVISION ONE
OF SECTION 190.70 OF THIS ARTICLE, AN APPLICATION MAY BE MADE TO THE
SUPERIOR COURT FOR DISCLOSURE OF THE FOLLOWING MATERIAL RELATING TO THE
PROCEEDINGS BEFORE SUCH GRAND JURY:
(I) THE CRIMINAL CHARGE OR CHARGES SUBMITTED;
(II) THE LEGAL INSTRUCTIONS PROVIDED TO THE GRAND JURY;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09605-02-7
A. 9787 2
(III) THE TESTIMONY OF ALL PUBLIC SERVANTS WHO TESTIFIED IN AN OFFI-
CIAL CAPACITY BEFORE THE GRAND JURY AND OF ALL PERSONS WHO PROVIDED
EXPERT TESTIMONY; AND
(IV) THE TESTIMONY OF ALL OTHER PERSONS WHO TESTIFIED BEFORE THE GRAND
JURY, REDACTED AS NECESSARY TO PREVENT DISCOVERY OF THEIR NAMES AND SUCH
OTHER PERSONAL DATA OR INFORMATION THAT MAY REVEAL OR HELP TO REVEAL
THEIR IDENTITIES.
(D) THE APPLICATION SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION MAY
BE MADE BY ANY PERSON, MUST BE IN WRITING AND, EXCEPT WHERE MADE BY THE
PEOPLE, MUST BE UPON NOTICE TO THE PEOPLE. THE COURT SHALL DIRECT OR
PROVIDE NOTICE TO ANY OTHER APPROPRIATE PERSON OR AGENCY. WHERE MORE
THAN ONE APPLICATION IS MADE HEREUNDER IN RELATION TO SUCH A DISMISSAL
OR DIRECTION, THE COURT MAY CONSOLIDATE SUCH APPLICATIONS AND DETERMINE
THEM TOGETHER. WHEN NO APPLICATION HEREUNDER IS MADE, THE SUPERIOR COURT
MAY ORDER DISCLOSURE ON ITS OWN MOTION AS PROVIDED IN PARAGRAPH (E) OF
THIS SUBDIVISION AT ANY TIME FOLLOWING NOTICE TO THE PEOPLE AND AN
OPPORTUNITY TO BE HEARD AND REASONABLE EFFORTS TO NOTIFY AND PROVIDE AN
OPPORTUNITY TO BE HEARD TO ANY OTHER APPROPRIATE PERSON OR AGENCY.
(E) UPON AN APPLICATION AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVI-
SION OR ON THE COURT'S OWN MOTION, THE COURT, AFTER PROVIDING PERSONS
GIVEN NOTICE AN OPPORTUNITY TO BE HEARD, SHALL DETERMINE WHETHER:
(I) A SIGNIFICANT NUMBER OF MEMBERS OF THE GENERAL PUBLIC IN THE COUN-
TY IN WHICH THE GRAND JURY WAS DRAWN AND IMPANELED ARE LIKELY AWARE THAT
A CRIMINAL INVESTIGATION HAD BEEN CONDUCTED IN CONNECTION WITH THE
SUBJECT MATTER OF THE GRAND JURY PROCEEDING; AND
(II) A SIGNIFICANT NUMBER OF MEMBERS OF THE GENERAL PUBLIC IN SUCH
COUNTY ARE LIKELY AWARE OF THE IDENTITY OF THE SUBJECT AGAINST WHOM THE
CRIMINAL CHARGE SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION WAS
SUBMITTED TO A GRAND JURY, OR SUCH SUBJECT HAS CONSENTED TO SUCH DISCLO-
SURE; AND
(III) THERE IS SIGNIFICANT PUBLIC INTEREST IN DISCLOSURE.
WHERE THE COURT IS SATISFIED THAT ALL THREE OF THESE FACTORS ARE PRES-
ENT, AND EXCEPT AS PROVIDED IN PARAGRAPH (F) OF THIS SUBDIVISION, THE
COURT SHALL DIRECT THE DISTRICT ATTORNEY TO PROMPTLY DISCLOSE THE ITEMS
SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION.
(F) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SUBDIVISION, ON
APPLICATION OF THE DISTRICT ATTORNEY OR ANY INTERESTED PERSON, OR ON ITS
OWN MOTION, THE COURT SHALL LIMIT DISCLOSURE OF THE ITEMS SPECIFIED IN
PARAGRAPH (C) OF THIS SUBDIVISION, IN WHOLE OR PART, WHERE THE COURT
DETERMINES THERE IS A REASONABLE LIKELIHOOD THAT SUCH DISCLOSURE MAY
LEAD TO DISCOVERY OF THE IDENTITY OF A WITNESS WHO IS NOT A PUBLIC SERV-
ANT OR EXPERT WITNESS, IMPERIL THE HEALTH OR SAFETY OF A GRAND JUROR WHO
PARTICIPATED IN THE PROCEEDING OR A WITNESS WHO APPEARED BEFORE THE
GRAND JURY, JEOPARDIZE AN IDENTIFIED CURRENT OR FUTURE CRIMINAL INVESTI-
GATION, CREATE A SPECIFIC THREAT TO PUBLIC SAFETY, OR DESPITE THE INTER-
ESTS REFLECTED BY THIS SUBDIVISION IS CONTRARY TO THE INTERESTS OF
JUSTICE.
(G) WHERE A COURT DETERMINES NOT TO DIRECT DISCLOSURE, IN WHOLE OR IN
PART, PURSUANT TO THIS SUBDIVISION, IT SHALL DO SO PROMPTLY IN A WRITTEN
ORDER THAT SHALL EXPLAIN WITH SPECIFICITY, TO THE EXTENT PRACTICABLE,
THE BASIS FOR ITS DETERMINATION.
(H) NOTHING IN THIS PARAGRAPH OR PARAGRAPHS (C), (D), (E), (F) OR (G)
OF THIS SUBDIVISION SHALL BE INTERPRETED AS LIMITING OR RESTRICTING ANY
BROADER RIGHT OF ACCESS TO GRAND JURY MATERIALS UNDER ANY OTHER LAW,
COMMON LAW OR COURT PRECEDENT.
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§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.