senate Bill S6848

2017-2018 Legislative Session

Relates to discovery, pretrial motions, securing attendance of witnesses by subpoena, motion to suppress evidence, tampering with a witness and repeals article 240 of the criminal procedure law; repealer

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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Aug 09, 2017 referred to rules

Co-Sponsors

S6848 (ACTIVE) - Details

See Assembly Version of this Bill:
A7292
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld Art 240, add Art 245 §§245.10 - 245.90, amd §§255.20, 450.50, 610.20 & 710.30, CP L; amd §§215.11, 215.12, 215.15 & 215.16, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A6795

S6848 (ACTIVE) - Summary

Relates to discovery, pretrial motions, securing attendance of witnesses by subpoena, motion to suppress evidence, and tampering with a witness.

S6848 (ACTIVE) - Sponsor Memo

S6848 (ACTIVE) - Bill Text download pdf


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

                                  6848

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             August 9, 2017
                               ___________

Introduced  by Sens. AVELLA, HAMILTON -- 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 Article 240 of the criminal procedure law is REPEALED.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.

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