S T A T E O F N E W Y O R K
________________________________________________________________________
9569
I N A S S E M B L Y
January 24, 2020
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to extending the
time of discovery to sixty days
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a) and (b) of subdivision 1 of section 245.10
of the criminal procedure law, as added by section 2 of part LLL of
chapter 59 of the laws of 2019, are amended to read as follows:
(a) The prosecution shall perform its initial discovery obligations
under subdivision one of section 245.20 of this article as soon as prac-
ticable but not later than [fifteen] SIXTY calendar days after the
defendant's arraignment on an indictment, superior court information,
prosecutor's information, information, simplified information, misdemea-
nor complaint or felony complaint. Portions of materials claimed to be
non-discoverable may be withheld pending a determination and ruling of
the court under section 245.70 of this article; but the defendant shall
be notified in writing that information has not been disclosed under a
particular subdivision of such section, and the discoverable portions of
such materials shall be disclosed to the extent practicable. When the
discoverable materials are exceptionally voluminous or, despite dili-
gent, good faith efforts, are otherwise not in the actual possession of
the prosecution, the time period in this paragraph may be stayed by up
to an additional thirty calendar days without need for a motion pursuant
to subdivision two of section 245.70 of this article.
(b) The prosecution shall perform its supplemental discovery obli-
gations under subdivision three of section 245.20 of this article as
soon as practicable but not later than [fifteen] SIXTY calendar days
prior to the first scheduled trial date.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14826-01-0
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