NY State Senate Bill 2017-S5072

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

download bill text pdf

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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Actions

View Actions

	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

- Jun 6, 2017 - Codes Committee Vote
  S5072
  
  15
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 6, 2017
      
      aye (15)
      
      Akshar
      
      Boyle
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Krueger
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Squadron
      
      Tedisco
      
      aye wr (1)
      
      Croci

2017-S5072 (ACTIVE) - Details

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

2017-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.

2017-S5072 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5072              REVISED MEMO 01/19/2018

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to discovery in alcohol and drug-related offenses under the
vehicle and traffic law

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Local
Courts Advisory Committee.

This measure would add a new section 240.15 to the Criminal Procedure
Law to require open file discovery strictly limited to prosecutions for
alcohol and drug-related offenses under Article 31 of the Vehicle and
Traffic Law. This new section would require that the offense of DWI be
the highest offense charged. It would require exchange without demand of
all material and written information in the possession of either the
defendant or prosecutor not otherwise protected or privileged under
rule, statute or other law within 30 days of the commencement of a crim-
inal action. Materials received after the 30 days expire must be
exchanged within five days of receipt.

We recognize that open file discovery for cases commenced charging

offenses under Article 31 is working well today in practice in counties
of diverse size and population across the state, including Nassau,
Kings, Suffolk and Wyoming Counties. In these counties, demonstrable
benefits in stimulating plea agreements and eliminating delays have been
achieved. Improvements in standards and goals are achieved for the court
system. Accordingly, we believe that a statewide mandate for such a
practice is now appropriate and timely.  We urge adoption of this meas-
ure to expand upon the improvements available from limited open file,
reciprocal discovery to defendants, prosecutors and the court system
alike.

This measure, which would have no fiscal impact, would take effect 90
days after it becomes a law and apply only to criminal actions commenced
on or after such date.

 
LEGISLATIVE HISTORY:

2017:  S.5072 - Referred to Codes.

2017-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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