assembly Bill A10135

2017-2018 Legislative Session

Relates to implementing automatic discovery; repealer

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 16, 2018 referred to codes

Co-Sponsors

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A10135 (ACTIVE) - Details

See Senate Version of this Bill:
S7722
Current Committee:
Assembly 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

A10135 (ACTIVE) - Summary

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

A10135 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10135

                          I N  A S S E M B L Y

                             March 16, 2018
                               ___________

Introduced by M. of A. BLAKE, SEPULVEDA -- read once and referred 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 Article 240 of the criminal procedure law is REPEALED and a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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