Senate Bill S314

2017-2018 Legislative Session

Relates to rules of evidence at grand jury hearings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S314 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.30, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S3870
2019-2020: S1473
2021-2022: S1730

2017-S314 (ACTIVE) - Summary

Relates to rules of evidence at grand jury hearings.

2017-S314 (ACTIVE) - Sponsor Memo

2017-S314 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    314
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced by Sens. HOYLMAN, KAMINSKY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 AN  ACT  to  amend  the  criminal procedure law, in relation to rules of
   evidence at grand jury hearings

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2-a and subparagraph (ii) of paragraph (a) of
 subdivision 8 of section 190.30 of the criminal procedure law,  subdivi-
 sion  2-a as amended by chapter 453 of the laws of 1999 and subparagraph
 (ii) of paragraph (a) of subdivision 8 as added by chapter  279  of  the
 laws of 2008, are amended to read as follows:
   2-a. When the electronic transmission of a certified report, or certi-
 fied  copy  thereof, of the kind described in subdivision two or three-a
 of this section or a sworn  statement  or  copy  thereof,  of  the  kind
 described  in subdivision three of this section, OR A BUSINESS RECORD AS
 IN RULE FORTY-FIVE HUNDRED EIGHTEEN OF THE CIVIL PRACTICE LAW AND RULES,
 results in a written document, such written document may be received  in
 such  grand  jury proceeding provided that: (a) a transmittal memorandum
 completed by the person sending the report contains a certification that
 the report has not been altered and a description of the report specify-
 ing the number of pages; and (b) the person who receives  the  electron-
 ically transmitted document certifies that such document and transmittal
 memorandum  were  so received; and (c) a certified report or a certified
 copy or sworn statement or sworn copy thereof is filed  with  the  court
 within  twenty  days  following arraignment upon the indictment; and (d)
 where such written document is a sworn statement or sworn  copy  thereof
 of  the  kind described in subdivision three of this section, such sworn
 statement or sworn copy thereof is also provided to the defendant or his
 counsel within twenty days following arraignment upon the indictment.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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