Do you support this bill?

Senate Bill S5072

2017-2018 Legislative Session

Provides for full and timely discovery in cases related to the operation of a motor vehicle under the influence of drugs or alcoholic beverages

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

Votes

2017-S5072 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §240.15, CP L

2017-S5072 (ACTIVE) - Summary

Provides for full and timely discovery in cases related to the operation of a motor vehicle under the influence of drugs or alcoholic beverages.

2017-S5072 (ACTIVE) - Sponsor Memo

2017-S5072 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5072
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2017
                                ___________
 
 Introduced  by Sen. LANZA -- (at request of the Office of Court Adminis-
   tration) -- 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 discovery in
   alcohol and drug-related offenses under the vehicle and traffic law

   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 240.15 to read as follows:
 § 240.15 DISCOVERY; OPEN FILE, LIMITED TO PROSECUTIONS  OF  ALCOHOL  AND
            DRUG RELATED OFFENSES UNDER THE VEHICLE AND TRAFFIC LAW.
   WITHIN THIRTY DAYS OF THE COMMENCEMENT OF A CRIMINAL ACTION CHARGING A
 DEFENDANT  WITH AN OFFENSE OR OFFENSES THE MOST SERIOUS BEING AN OFFENSE
 UNDER ARTICLE THIRTY-ONE OF THE VEHICLE AND TRAFFIC LAW, ALL MATERIAL OR
 WRITTEN REPORTS OR DOCUMENTS IN THE POSSESSION OF EITHER  THE  DEFENDANT
 OR  THE PROSECUTOR, NOT PRIVILEGED OR OTHERWISE PROTECTED BY RULE, STAT-
 UTE OR OTHER LAW, SHALL BE  EXCHANGED  BETWEEN  THE  DEFENDANT  AND  THE
 PROSECUTOR WITHOUT DEMAND THEREFORE. SUCH MATERIAL OR WRITTEN REPORTS OR
 DOCUMENTS  RECEIVED  AFTER THE EXPIRATION OF THE THIRTY DAY PERIOD SHALL
 BE EXCHANGED WITHIN FIVE DAYS  OF  RECEIPT.  SUCH  MATERIAL  OR  WRITTEN
 REPORTS  OR DOCUMENTS SHALL INCLUDE, BUT ARE NOT LIMITED TO, ANY WRITTEN
 REPORT OR TESTIMONY OF A POLICE  OFFICER,  STATEMENTS  OF  A  DEFENDANT,
 STATEMENTS,  NAMES AND ADDRESSES OF WITNESSES, ANY PHYSICAL EXAMINATION,
 SCIENTIFIC TESTS OR EXPERIMENTS, RESULTS OF LABORATORY REPORTS OR  TEST-
 ING REPORTS OR ANY PORTION THEREOF.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply to criminal actions  commenced  on  or
 after such date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09203-01-7

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.