Senate Bill S7722

2017-2018 Legislative Session

Relates to implementing automatic discovery; repealer

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-S7722 (ACTIVE) - Details

See Assembly Version of this Bill:
A10135
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld & add Art 240 §§240.10 - 240.75, amd §§65.20, 200.95, 400.27 & 440.30, CP L; amd §§450.10 & 480.10, Pen L
Versions Introduced in 2019-2020 Legislative Session:
A4883

2017-S7722 (ACTIVE) - Summary

Implements automatic discovery for criminal court proceedings; repeals certain discovery provisions of the criminal procedure law.

2017-S7722 (ACTIVE) - Sponsor Memo

2017-S7722 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7722
 
                             I N  S E N A T E
 
                             February 13, 2018
                                ___________
 
 Introduced  by Sens. BAILEY, BENJAMIN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
   relation  to  implementing  automatic discovery; and to repeal certain
   provisions of the criminal procedure law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 240 of the criminal procedure law is REPEALED and a
 new article 240 is added to read as follows:
                                ARTICLE 240
                            AUTOMATIC DISCOVERY
 SECTION 240.10 AUTOMATIC DISCOVERY; GENERALLY.
         240.15 AUTOMATIC DISCOVERY; SANCTIONS.
         240.20 AUTOMATIC DISCOVERY; DEPOSITIONS.
         240.25 AUTOMATIC DISCOVERY; NOTICE AND PRESERVATION OF EVIDENCE.
         240.30 AUTOMATIC DISCOVERY; REMEDIES OR SANCTIONS FOR NONCOMPLI-
                  ANCE.
         240.35  AUTOMATIC DISCOVERY; DISCRETIONARY DISCOVERY BY ORDER OF
                  THE COURT.
         240.40 AUTOMATIC DISCOVERY; ORDER TO GRANT ACCESS TO PREMISES.
         240.45 AUTOMATIC DISCOVERY; CERTIFICATE OF COMPLIANCE.
         240.50 AUTOMATIC DISCOVERY; CONTINUING DUTY.
         240.55 AUTOMATIC DISCOVERY; WORK PRODUCT.
         240.60 AUTOMATIC DISCOVERY; PROTECTIVE ORDERS.
         240.65 AUTOMATIC DISCOVERY; AMENDMENT OF DISCOVERY ORDERS.
         240.70 AUTOMATIC DISCOVERY; NON-TESTIMONIAL  EVIDENCE  FROM  THE
                  DEFENDANT.
         240.75 AUTOMATIC DISCOVERY; ORDERS REGARDING DNA COMPARISONS.
 § 240.10 AUTOMATIC DISCOVERY; GENERALLY.
   1.  MANDATORY OPEN FILE DISCOVERY. (A) UPON COMMENCEMENT OF A CRIMINAL
 ACTION, AND WITHOUT A MOTION  BY  THE  DEFENSE,  THE  PROSECUTION  SHALL
 DISCLOSE  TO  THE  DEFENSE, AND PERMIT THE DEFENSE TO DISCOVER, INSPECT,
 COPY  OR  PHOTOGRAPH,  AND  TEST  ALL  ITEMS  AND  INFORMATION  IN   THE
 POSSESSION,  CUSTODY OR CONTROL OF THE PROSECUTION, OR PERSONS UNDER THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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