assembly Bill A9787

2017-2018 Legislative Session

Relates to grand jury proceedings

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Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2018 referred to rules
delivered to senate
passed assembly
Mar 08, 2018 advanced to third reading cal.711
Mar 05, 2018 reported
Feb 08, 2018 referred to codes

Co-Sponsors

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Multi-Sponsors

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 2019-2020 Legislative Session:
A5164, S2185

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.

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