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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Jun 06, 2017 reported and committed to rules
Mar 06, 2017 referred to codes

Votes

view votes

Jun 6, 2017 - Codes committee Vote

S5072
15
0
committee
15
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jun 6, 2017

aye wr (1)

S5072 (ACTIVE) - Details

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

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.

S5072 (ACTIVE) - Sponsor Memo

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

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