senate Bill S7722

2017-2018 Legislative Session

Relates to implementing automatic discovery; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Codes Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 13, 2018 referred to codes

Sponsor's Position

Our criminal justice system is outdated. The archaic discovery statute is in desperate need of reform.

Co-Sponsors

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S7722 - Details

See Assembly Version of this Bill:
A10135
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld & add Art 240 §§240.10 - 240.75, amd §§65.20, 200.95, 400.27 & 440.30, CP L; amd §§450.10 & 480.10, Pen L

S7722 - Summary

Implements automatic discovery for criminal court proceedings; repeals certain discovery provisions of the criminal procedure law.

S7722 - Sponsor Memo

S7722 - Bill Text download pdf

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

                                  7722

                            I N  S E N A T E

                            February 13, 2018
                               ___________

Introduced  by Sens. BAILEY, BENJAMIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
  relation  to  implementing  automatic discovery; and to repeal certain
  provisions of the criminal procedure law relating thereto

  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 Article 240 of the criminal procedure law is REPEALED and a
new article 240 is added to read as follows:
                               ARTICLE 240
                           AUTOMATIC DISCOVERY
SECTION 240.10 AUTOMATIC DISCOVERY; GENERALLY.
        240.15 AUTOMATIC DISCOVERY; SANCTIONS.
        240.20 AUTOMATIC DISCOVERY; DEPOSITIONS.
        240.25 AUTOMATIC DISCOVERY; NOTICE AND PRESERVATION OF EVIDENCE.
        240.30 AUTOMATIC DISCOVERY; REMEDIES OR SANCTIONS FOR NONCOMPLI-
                 ANCE.
        240.35  AUTOMATIC DISCOVERY; DISCRETIONARY DISCOVERY BY ORDER OF
                 THE COURT.
        240.40 AUTOMATIC DISCOVERY; ORDER TO GRANT ACCESS TO PREMISES.
        240.45 AUTOMATIC DISCOVERY; CERTIFICATE OF COMPLIANCE.
        240.50 AUTOMATIC DISCOVERY; CONTINUING DUTY.
        240.55 AUTOMATIC DISCOVERY; WORK PRODUCT.
        240.60 AUTOMATIC DISCOVERY; PROTECTIVE ORDERS.
        240.65 AUTOMATIC DISCOVERY; AMENDMENT OF DISCOVERY ORDERS.
        240.70 AUTOMATIC DISCOVERY; NON-TESTIMONIAL  EVIDENCE  FROM  THE
                 DEFENDANT.
        240.75 AUTOMATIC DISCOVERY; ORDERS REGARDING DNA COMPARISONS.
S 240.10 AUTOMATIC DISCOVERY; GENERALLY.
  1.  MANDATORY OPEN FILE DISCOVERY. (A) UPON COMMENCEMENT OF A CRIMINAL
ACTION, AND WITHOUT A MOTION  BY  THE  DEFENSE,  THE  PROSECUTION  SHALL
DISCLOSE  TO  THE  DEFENSE, AND PERMIT THE DEFENSE TO DISCOVER, INSPECT,
COPY  OR  PHOTOGRAPH,  AND  TEST  ALL  ITEMS  AND  INFORMATION  IN   THE
POSSESSION,  CUSTODY OR CONTROL OF THE PROSECUTION, OR PERSONS UNDER THE

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

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