senate Bill S6847A

2017-2018 Legislative Session

Relates to discovery

download bill text pdf

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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Aug 30, 2017 print number 6847a
Aug 30, 2017 amend (t) and recommit to rules
Aug 09, 2017 referred to rules

S6847 - Details

See Assembly Version of this Bill:
A3056
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §240.40, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8080
2013-2014: A3801
2015-2016: A2878
2019-2020: S43

S6847 - Summary

Relates to discovery.

S6847 - Sponsor Memo

S6847 - Bill Text download pdf


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

                                  6847

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             August 9, 2017
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
  relation  to  discovery,  pretrial  motions,  securing  attendance  of
  witnesses by subpoena, motion to suppress evidence, tampering  with  a
  witness  or  intimidating  a  victim; and to repeal article 240 of the
  criminal procedure law relating to discovery

  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 Article 240 of the criminal procedure law is REPEALED.
  § 2. The criminal procedure law is amended by adding a new article 245
to read as follows:
                               ARTICLE 245
                                DISCOVERY
SECTION 245.10 AVAILABILITY OF PROTECTIVE ORDERS.
        245.20 PHASE ONE DISCOVERY OBLIGATION OF PROSECUTION.
        245.30 PHASE TWO DISCOVERY OBLIGATION OF PROSECUTION.
        245.40 RECIPROCAL DISCOVERY OBLIGATION OF THE DEFENDANT.
        245.45 DISCLOSURE OF PRIOR MISCONDUCT OR CRIMINAL ACTS.
        245.50 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
        245.55 COURT  ORDERS  FOR PRESERVATION, ACCESS, DISCOVERY OR DNA
                 COMPARISON.
        245.60 DILIGENT EFFORT TO ASCERTAIN EXISTENCE  OF  MATERIAL  AND
                 INFORMATION.
        245.65 CERTIFICATES OF COMPLIANCE.
        245.70 COURT ORDERED PROCEDURES TO FACILITATE COMPLIANCE.
        245.75 CONTINUING DUTY TO DISCLOSE.
        245.80 WORK PRODUCT.
        245.85 AVAILABILITY OF REMEDIES FOR VIOLATIONS.
        245.90 ADMISSIBILITY OF DISCOVERY.
§ 245.10 AVAILABILITY OF PROTECTIVE ORDERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

S6847A (ACTIVE) - Details

See Assembly Version of this Bill:
A3056
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §240.40, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8080
2013-2014: A3801
2015-2016: A2878
2019-2020: S43

S6847A (ACTIVE) - Summary

Relates to discovery.

S6847A (ACTIVE) - Sponsor Memo

S6847A (ACTIVE) - Bill Text download pdf


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

                                 6847--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             August 9, 2017
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the criminal procedure law, in relation to discovery

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (c) of subdivision 1 of  section  240.40  of  the
criminal procedure law, as amended by chapter 19 of the laws of 2012, is
amended to read as follows:
  (c) may order discovery with respect to any other property[, which the
people  intend to introduce at the trial,] upon a showing by the defend-
ant that discovery with respect to such  property  is  material  to  the
preparation  of  his or her defense, and that the request is reasonable;
and
  § 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03867-04-7

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