Assembly Bill A9787

2017-2018 Legislative Session

Relates to grand jury proceedings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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-A9787 (ACTIVE) - Details

See Senate Version of this Bill:
S5424
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.25, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A5164, S2185
2021-2022: A5845, S3314
2023-2024: A3177, S963

2017-A9787 (ACTIVE) - Summary

Provides that in grand jury proceedings 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 dismiss all charges or directs the DA to file in a local criminal court an application for disclosure of certain materials; authorizes the court to limit disclosure of certain items where there is a reasonable likelihood that such disclosure may lead to the identity of a witness who is not a public servant or expert witness; makes related provisions.

2017-A9787 (ACTIVE) - Bill Text download pdf

                            
 
                     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
                                ___________
 
 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
              

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