NY State Senate Bill 2019-S2197

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 23, 2019	referred to codes

co-Sponsors

2019-S2197 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §240.25, amd §§240.20 & 440.10, CP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7893
2011-2012: S3276
2013-2014: S3322
2015-2016: S2044
2017-2018: S3346

2019-S2197 (ACTIVE) - Summary

Relates to exculpatory material and requires disclosure of such to the defense.

2019-S2197 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2197

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to exculpatory
material

 
PURPOSE:

To provide definitions of exculpatory information, to clarify what
information must be delivered, establish the timeframe within which it
must he delivered, and provide for circumstances where there has been a
violation.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new 5 240.25 to the Criminal Procedure Law
(CPL) to provide definitions of exculpatory information, to clarify what
information must be delivered and establish the timeframe with in which
it must be delivered and provide for circumstances where there has been

a violation.

Section 2 of the bill amends Subdivision 1 of CPI, 5 240.20 to add a new
paragraph 1 to provide the circumstances under which a prosecutor must
disclose information resulting from DNA testing.

Section 3 of the bill amends Subdivision 1 of CPL 5 440.10 to add a new
paragraph j to provide the circumstances under which a court may vacate
a judgment for failure of the prosecution to provide to the defense
exculpatory information as required by law.

Section 4 of the bill provides the effective date.

 
JUSTIFICATION:

This is one of six bills developed based on the recommendations of the
Task Force on Wronaful Convictions of the New York State Bar Associ-
ation. The Task Force on Wrongful Convictions was created In 2003, and
examined 53 cases where a defendant was wrongfully convicted of a crime
and later exonerated. Through this study, the Task Force identified what
it found to be the causes of these mistakes; the Bar Association later
approved this report in 2009. This bill intends to address one of the
causes that were so identified.

All prosecutors in all cases have an obligation to deliver exculpatory
and favorable information to the defense relevant to the issues of guilt
and punishment. In Brady 7.1 Maryland, where the evidence was relevant
to the determining punishment, the U.S. Supreme Court held that the
turnover of the information is a requirement of due process.  373 U.S.
at 85-89.

New York State has set the rule with equal clarity. People v Santorel'll
95 N.Y.2d 412, 421 (2000), cert. denied, 532 U.S. 1008 (2001); People v
Baxley, 84 N. Y. 2d 208, 212-14 (1994).t

The obligation of prompt turnover is a continuing one triggered by Brady
material coming to the knowledge of anyone working on or associated with
the investigation of the case. By statute, Criminal Procedure Law
section 240.20, delivery is required once a pretrial defense motion is
made and granted. However, Brady material is often not delivered until
just before the trial begins or during the trial even if the state is in
possession of the information earlier. It has been held, that the fail-
ure to give the defense exculpatory evidence, which the Prosecutor had
for several months, until the eve of trial was inexcusable. People v
Baba Ali, 179 AD.2d at 729-30.

The cases studied by the Task Force, as well as its sampling of deci-
sions, show that Brady violations are a continuing problem, denying the
defendant a fair opportunity to organize and present his case. This bill
is intended to better assure compliance by the creation of new rules
applicable to the delivery of Brady material.

The bill defines "exculpatory information" to clarify which materials
must be delivered. It also sets time deadlines for delivery, makes clear
that the obligation is continuing and that it applies to materials in
the possession of agencies assisting the prosecution. A pre-trial
conference would be required, where the court would receive a certif-
ication from the Prosecutor that there has been compliance and examine
into any outstanding issues. Finally, the bill authorizes various sanc-
tions for noncompliance to be imposed at the court's discretion, and
provides for reference to a disciplinary body where a failure to comply
is intentional or reckless. Together, these provisions should far
improve compliance with Brady obligations.

 
LEGISLATIVE HISTORY:

2017-18: S.3346 - Referred to Codes

 
FISCAL IMPLICATIONS:

No fiscal implications to the state.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day next succeeding the date
on which it shall have become a law.

2019-S2197 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2197
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by Sens. BAILEY, MONTGOMERY, PARKER, SEPULVEDA -- 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  exculpatory
   material
 
   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 240.25 to read as follows:
 § 240.25 DISCLOSURE OF INFORMATION EXCULPATORY TO THE DEFENSE.
   1.  DEFINITION.   EXCULPATORY INFORMATION INCLUDES, BUT IS NOT LIMITED
 TO, INFORMATION THAT IS MATERIAL AND FAVORABLE TO  THE  ACCUSED  BECAUSE
 THE INFORMATION:
   (A) CASTS DOUBT ON WHETHER THE CONDUCT OF THE ACCUSED SATISFIED ONE OR
 MORE  OF THE ELEMENTS OF A CRIME CHARGED IN THE INDICTMENT, INFORMATION,
 OR OTHER CHARGING INSTRUMENT;
   (B) CASTS DOUBT ON WHETHER THE CRIME CHARGED OCCURRED;
   (C) CASTS DOUBT ON THE ADMISSIBILITY OF EVIDENCE THAT  THE  PROSECUTOR
 ANTICIPATES  OFFERING  IN  THE  PROSECUTION'S  CASE-IN-CHIEF BECAUSE THE
 INFORMATION PROVIDES A BASIS FOR A MOTION TO SUPPRESS  OR  EXCLUDE  SUCH
 EVIDENCE;
   (D)  CASTS  DOUBT ON THE CREDIBILITY OR ACCURACY OF TESTIMONY OR OTHER
 EVIDENCE THAT THE PROSECUTOR ANTICIPATES OFFERING IN HIS OR HER CASE-IN-
 CHIEF;
   (E) DIMINISHES THE DEGREE OF THE ACCUSED'S CULPABILITY OR THE LEVEL OF
 OFFENSE CHARGED;
   (F) SUPPORTS A DEFENSE TO THE CHARGE OR CHARGES  PENDING  AGAINST  THE
 ACCUSED;
   (G)  MITIGATES,  REDUCES OR AFFECTS THE SENTENCE THAT MUST OR MIGHT BE
 IMPOSED;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05415-01-9

 S. 2197                             2
 
   (H) TENDS TO LEAD TO INFORMATION THAT  WOULD  SATISFY  PARAGRAPHS  (A)
 THROUGH (G) OF THIS SUBDIVISION.
   2.  TIMING  OF FIRST DELIVERY OF INFORMATION.  WITHOUT A MOTION BY THE
 DEFENSE, THE FOLLOWING INFORMATION MUST BE DISCLOSED  AND  DELIVERED  BY
 THE  PROSECUTION  TO THE DEFENSE WITHIN TWENTY-EIGHT DAYS OF ARRAIGNMENT
 ON THE FIRST CHARGING INSTRUMENT:
   (A) INFORMATION THAT CASTS DOUBT ON THE GUILT OF THE  ACCUSED  OF  ANY
 CHARGE IN THE INDICTMENT, INFORMATION OR OTHER CHARGING INSTRUMENT;
   (B) INFORMATION THAT CASTS DOUBT ON THE ADMISSIBILITY OF EVIDENCE THAT
 THE PROSECUTOR ANTICIPATES OFFERING IN HIS OR HER CASE-IN-CHIEF AND THAT
 COULD BE THE BASIS OF A MOTION TO SUPPRESS OR EXCLUDE;
   (C)  A  STATEMENT AS TO WHETHER ANY PROMISE, REWARD, OR INDUCEMENT HAS
 BEEN GIVEN TO ANY WITNESS WHOM THE PROSECUTOR ANTICIPATES CALLING IN HIS
 OR HER CASE-IN-CHIEF, IDENTIFYING BY NAME EACH  SUCH  WITNESS  AND  EACH
 PROMISE,  REWARD,  OR  INDUCEMENT, AND A COPY OF ANY PROMISE, REWARD, OR
 INDUCEMENT THAT HAS BEEN REDUCED TO WRITING OR PRINT;
   (D) A COPY OF ANY CRIMINAL RECORD OF ANY WITNESS  IDENTIFIED  BY  NAME
 WHOM  THE  PROSECUTOR  ANTICIPATES  CALLING  IN HIS OR HER CASE-IN-CHIEF
 INCLUDING THE COURT OF CONVICTION, THE CRIME OF WHICH  THE  WITNESS  WAS
 CONVICTED, THE DATE OF THE CONVICTION, AND THE NUMBER OF THE CASE;
   (E) A WRITTEN STATEMENT SETTING OUT CRIMINAL CHARGES PENDING AGAINST A
 WITNESS,  WHO  SHALL  BE  IDENTIFIED BY NAME, WHOM THE PROSECUTOR ANTIC-
 IPATES CALLING IN HIS OR HER CASE-IN-CHIEF;
   (F) A WRITTEN  STATEMENT  SETTING  OUT  THE  FAILURE  OF  A  POTENTIAL
 WITNESS, WHO SHALL BE IDENTIFIED BY NAME, TO MAKE A POSITIVE IDENTIFICA-
 TION  OF  THE  ACCUSED IN AN IDENTIFICATION PROCEDURE THAT HAS BEEN HELD
 WITH SUCH A WITNESS WITH RESPECT TO THE CRIME;
   (G) A WRITTEN OR ORAL STATEMENT FROM ANY PERSON OR  OTHER  INFORMATION
 THAT TENDS TO SUPPORT A DEFENSE TO THE CHARGES.
   3.  PRETRIAL DELIVERY.  WITHOUT A MOTION BY THE DEFENSE, THE FOLLOWING
 INFORMATION MUST BE DISCLOSED AND DELIVERED NOT  LATER  THAN  TWENTY-ONE
 DAYS PRIOR TO THE DATE FIRST SET FOR TRIAL:
   (A)  INFORMATION  THAT  CASTS  DOUBT ON THE CREDIBILITY OR ACCURACY OF
 EVIDENCE, INCLUDING TESTIMONY OF WITNESSES, CONCERNING  MATERIAL  ISSUES
 RELATING  TO  WHETHER  A  CRIME  WAS  COMMITTED  AND WHETHER THE ACCUSED
 COMMITTED IT, THAT THE PROSECUTOR ANTICIPATES PRESENTING IN HIS  OR  HER
 CASE-IN-CHIEF;
   (B)  ANY  INCONSISTENT WRITTEN OR ORAL STATEMENT REGARDING THE ALLEGED
 CRIMINAL CONDUCT OF THE ACCUSED OR A DESCRIPTION OF SUCH STATEMENT, MADE
 BY A PERSON WHOM THE PROSECUTION ANTICIPATES CALLING IN HIS OR HER CASE-
 IN-CHIEF;
   (C) ANY STATEMENT  REGARDING  THE  ALLEGED  CRIMINAL  CONDUCT  OF  THE
 ACCUSED OR A DESCRIPTION OF SUCH STATEMENT, MADE ORALLY OR IN WRITING BY
 ANY  PERSON,  THAT  IS  INCONSISTENT  WITH A STATEMENT MADE ORALLY OR IN
 WRITING BY A WITNESS THE PROSECUTION ANTICIPATES CALLING IN HIS  OR  HER
 CASE-IN-CHIEF;
   (D) ANY INFORMATION REFLECTING BIAS OR PREJUDICE AGAINST THE DEFENDANT
 BY A WITNESS WHOM THE PROSECUTOR ANTICIPATES CALLING IN HIS OR HER CASE-
 IN-CHIEF;
   (E)  A  WRITTEN  DESCRIPTION  OF  ANY PRIOR BAD ACT THAT CONSTITUTES A
 CRIME KNOWN BY THE PROSECUTOR TO HAVE BEEN COMMITTED BY ANY WITNESS WHOM
 THE PROSECUTION ANTICIPATES CALLING IN HIS OR HER CASE-IN-CHIEF;
   (F) INFORMATION KNOWN OR ASCERTAINABLE TO THE PROSECUTOR OF ANY MENTAL
 OR PHYSICAL IMPAIRMENT OF ANY WITNESS WHOM  THE  PROSECUTOR  ANTICIPATES
 CALLING  IN  HIS OR HER CASE-IN-CHIEF THAT MAY CAST DOUBT ON THE ABILITY

 S. 2197                             3
 
 OF THAT WITNESS TO OBSERVE AND ACCURATELY AND TRUTHFULLY RECALL, AND  TO
 RELATE INFORMATION ABOUT A RELEVANT EVENT OR OTHER MATERIAL INFORMATION;
   (G)  ANY  OTHER  INFORMATION  THAT IS WITHIN THE DEFINITION SET OUT IN
 SUBDIVISION ONE OF THIS SECTION;
   (H) ANYTHING REQUIRED TO BE DISCLOSED, PRIOR TO TRIAL, TO THE  DEFEND-
 ANT  BY THE PROSECUTOR, PURSUANT TO THE CONSTITUTION OF THIS STATE OR OF
 THE UNITED STATES.
   4. DELIVERY OF INFORMATION.  THE  PROSECUTOR  SHALL  DISCLOSE  TO  THE
 DEFENDANT  AND MAKE AVAILABLE FOR INSPECTION, EXAMINATION, PHOTOCOPYING,
 COPYING, PRINT OUT, RETRIEVAL, TESTING,  OR  INTERVIEW  (FOR  STATEMENTS
 PREVIOUSLY  MADE  BUT NOT RECORDED IN WRITING OR MECHANICALLY) OR BY ANY
 OTHER METHOD OF ACCESS, ALL INFORMATION INCLUDING  BUT  NOT  LIMITED  TO
 THAT  IN  PROPERTY,  DOCUMENTS, REPORTS, RECORDINGS, VIDEOS, RECORDS, IN
 THE KNOWLEDGE OF A PERSON  BUT  NOT  RECORDED  (ALL  HEREINAFTER  CALLED
 INFORMATION) WHICH WOULD PROVIDE THE INFORMATION SET OUT IN SUBDIVISIONS
 ONE,  TWO, AND THREE OF THIS SECTION REGARDLESS OF WHETHER SUCH INFORMA-
 TION WOULD ITSELF CONSTITUTE ADMISSIBLE EVIDENCE AT TRIAL OR  IS  OTHER-
 WISE KNOWN TO THE DEFENDANT.
   5.  CONTINUING  OBLIGATION.  IF AT ANY TIME AFTER THE TIME PERIODS SET
 FORTH ABOVE THE PROSECUTOR LEARNS OF ADDITIONAL INFORMATION REQUIRED  TO
 BE  DISCLOSED  TO  THE  DEFENDANT  PURSUANT TO SUBDIVISIONS ONE, TWO AND
 THREE OF THIS SECTION, THE PROSECUTOR SHALL, PURSUANT TO THE  CONTINUING
 OBLIGATION  TO DELIVER TO THE DEFENSE THE INFORMATION REQUIRED BY SUBDI-
 VISIONS ONE, TWO AND THREE OF THIS SECTION, PROMPTLY NOTIFY THE  DEFEND-
 ANT AND THE COURT OF THE EXISTENCE OF SUCH INFORMATION AND EXPEDITIOUSLY
 MAKE SUCH ITEMS AVAILABLE TO THE DEFENDANT FOR INSPECTION, PHOTOCOPYING,
 COPYING, TESTING OR OTHER REPRODUCTION AS SET OUT IN SUBDIVISION FOUR OF
 THIS SECTION.
   6.  APPLICATION TO THE COURT. (A) THE PROSECUTOR MAY SEEK A PROTECTIVE
 ORDER BASED ON A REASONABLE SHOWING THAT A WITNESS OR OTHER PERSON WOULD
 BE ENDANGERED BY DISCLOSURE OF THE INFORMATION REQUIRED BY THIS SECTION.
 IF THE COURT FINDS THAT THE PROSECUTOR HAS  MADE  A  REASONABLE  SHOWING
 THAT  A  WITNESS  OR OTHER PERSON WOULD BE ENDANGERED BY DISCLOSURE, THE
 COURT SHALL CONDUCT AN IN CAMERA REVIEW OF THE CLAIM, AND, IF  APPROPRI-
 ATE,  REDACT THE INFORMATION GIVEN TO THE DEFENSE UNTIL SUCH TIME AS THE
 LAW OR OTHER CIRCUMSTANCES OF THE CASE REQUIRE DISCLOSURE OF THE  INFOR-
 MATION.
   (B)  IF  IN  THE CIRCUMSTANCES OF A CASE, THE PROSECUTOR, AT ANY TIME,
 ASSERTS THAT INFORMATION WAS NOT DELIVERED OR WAS DELIVERED LATE  OR  IS
 NOT  EXCULPATORY  WITHIN THE TERMS OF THIS STATUTE OR AS REQUIRED BY THE
 STATE OR UNITED STATES CONSTITUTIONS AND WAS NOT DELIVERED BASED ON THAT
 REASON, THE COURT SHALL MAKE  AN  INDEPENDENT  EVALUATION  AND  DETERMI-
 NATION,  AFTER  HEARING FROM DEFENSE COUNSEL, AS TO WHETHER THE INFORMA-
 TION SHOULD BE DELIVERED PURSUANT TO THIS SUBDIVISION.
   (C) THE PROSECUTOR'S VIEW OF WHETHER THE INFORMATION  IS  TRUTHFUL  OR
 ACCURATE  SHALL  NOT  BE A FACTOR USED BY THE PROSECUTOR OR THE COURT TO
 DETERMINE WHETHER THE INFORMATION  MUST  BE  DELIVERED  TO  THE  DEFENSE
 PURSUANT TO THIS SECTION.
   7. INQUIRIES. PRIOR TO THE REQUIRED DATES FOR THE DISCLOSURE OF INFOR-
 MATION  TO  THE  DEFENSE,  THE  PROSECUTOR SHALL MAKE INQUIRIES TO LEARN
 WHETHER THOSE AGENCIES DEEMED BY LAW TO BE ASSISTING THE PROSECUTOR  ARE
 IN POSSESSION OF INFORMATION DEFINED IN SUBDIVISIONS ONE, TWO, AND THREE
 OF  THIS  SECTION,  AND SHALL OBTAIN THE INFORMATION FOR DELIVERY TO THE
 DEFENSE IN ACCORD WITH THIS SECTION.
   8. CONFERENCE AND CERTIFICATION. (A) AT A TIME SET BY THE COURT BEFORE
 THE FIRST DESIGNATED TRIAL DATE AND AT SUCH FURTHER TIMES AS  THE  COURT

 S. 2197                             4
 
 ORDERS, THE PROSECUTOR SHALL IDENTIFY FOR THE COURT THE INFORMATION THAT
 HAS  BEEN  DELIVERED  TO THE DEFENSE AND CERTIFY THE DELIVERY. THE COURT
 SHALL HOLD A CONFERENCE TO DETERMINE WHETHER THE PROSECUTOR HAS EXAMINED
 THE  PROSECUTOR'S  FILE  AND THE FILES OF THOSE ASSISTING THE PROSECUTOR
 AND HAS DELIVERED THE REQUIRED INFORMATION.
   (B) IF THE PROSECUTOR DELIVERS TO THE DEFENSE PURSUANT TO THIS STATUTE
 LARGE QUANTITIES OF INFORMATION, WHETHER OF DOCUMENTS, ELECTRONIC INFOR-
 MATION, OR OTHER FORMAT, WITHOUT IDENTIFICATION OF ITS  SIGNIFICANCE  TO
 THE  CASE, THE COURT SHALL ESTABLISH IN THE CONFERENCE THE PROCEDURE FOR
 IDENTIFICATION OF THE INFORMATION AND IF NEEDED GRANT AN ADJOURNMENT FOR
 THAT TO BE ACCOMPLISHED BY THE PROSECUTOR AND EXAMINED BY THE DEFENSE.
   9. SANCTIONS FOR LATE  DELIVERY  OR  FAILURE  TO  DELIVER  INFORMATION
 DEFINED  IN  THIS SECTION. WHERE THERE IS A FAILURE BY THE PROSECUTOR TO
 DELIVER THE INFORMATION SET OUT IN THIS SECTION, OR THE  INFORMATION  IS
 DELIVERED  AFTER THE REQUIRED TIME PERIOD, AT THE REQUEST OF THE DEFENSE
 OR IN THE COURT'S DISCRETION, THE COURT SHALL ORDER ONE OR MORE  OF  THE
 FOLLOWING SANCTIONS:
   (A)  GRANT AN APPROPRIATE EXTENSION OF TIME IN THE PROCEEDING TO ALLOW
 THE DEFENSE TO EXAMINE THE INFORMATION AND TO INVESTIGATE BASED  ON  THE
 LATE DELIVERED INFORMATION. FOR THAT EFFORT, THE COURT MAY AUTHORIZE FOR
 THE  DEFENSE  INVESTIGATORS,  LAB  TESTS, EXPERTS AND OTHER RESOURCES TO
 CONDUCT THE DEFENSE INVESTIGATION;
   (B) REOPEN A PRE-TRIAL HEARING;
   (C) PRECLUDE INTRODUCTION OF EVIDENCE;
   (D) INSTRUCT THE JURY THAT THE PROSECUTOR HAS NOT DELIVERED OR  DELIV-
 ERED  ONLY AFTER IMPROPER DELAY EVIDENCE THAT SHOULD HAVE BEEN DELIVERED
 AND DELIVERED TIMELY AND THAT THE JURORS MAY INFER THAT THE  INFORMATION
 NOT  DISCLOSED  WAS  EXCULPATORY  OR, IF NOT DISCLOSED OR DISCLOSED ONLY
 AFTER UNDUE DELAY, COULD HAVE LED TO EXCULPATORY INFORMATION AS  DEFINED
 IN SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION;
   (E) NOTIFY THE SUPERVISING PROSECUTOR;
   (F)  REFER THE MATTER TO THE APPROPRIATE ATTORNEY DISCIPLINARY COMMIT-
 TEE PURSUANT TO SUBDIVISION TEN OF THIS SECTION IF AFTER CONDUCTING SUCH
 INQUIRY AS THE COURT DEEMS APPROPRIATE AND ISSUING  AN  OPINION  STATING
 THE  COURT'S FINDINGS, THE ATTORNEY'S CONDUCT IS ASSERTED TO BE IMPROPER
 UNDER THE RULES OF PROFESSIONAL CONDUCT.
   10. LAWYER SANCTIONS. (A) ANY JUDICIAL OPINION  WHICH  CONCLUDES  THAT
 THERE WAS AN INTENTIONAL OR RECKLESS FAILURE TO COMPLY WITH THIS SECTION
 BY  A  PROSECUTOR  SHALL BE FORWARDED BY THE CLERK OF THE COURT IN WHICH
 THE OPINION IS FILED TO THE ATTORNEY DISCIPLINARY COMMITTEE WITH  JURIS-
 DICTION.
   (B)  IF  IN  CONNECTION WITH THE OBLIGATION TO DELIVER INFORMATION SET
 OUT IN THIS SECTION OR THE STATE  AND  UNITED  STATES  CONSTITUTIONS,  A
 TRIAL  OR APPELLATE COURT HAS CONCLUDED THAT IN THE COURSE OF A CRIMINAL
 PROCEEDING, A PROSECUTOR HAS  VIOLATED  RULES  3.4(A)(1),  3.4(A)(3)  OR
 3.8(B)  OF THE RULES OF PROFESSIONAL CONDUCT, OR OTHER RELEVANT STATUTES
 AND RULES, BY INTENTIONALLY OR RECKLESSLY FAILING TO DELIVER  OR  TIMELY
 DELIVER  TO  THE  DEFENSE  THE  INFORMATION SET OUT IN THIS SECTION, THE
 CONDUCT SHALL BE REFERRED BY THE JUDGE PURSUANT TO RULE  100.3(D)(2)  OF
 THE  CODE  OF JUDICIAL CONDUCT TO THE ATTORNEY DISCIPLINARY COMMITTEE OF
 THE APPROPRIATE JUDICIAL DISTRICT FOR PROCEEDINGS PURSUANT TO APPLICABLE
 RULES.
   (C) IF AN ATTORNEY HAS A REASONABLE BASIS TO BELIEVE THAT A PROSECUTOR
 HAS INTENTIONALLY OR RECKLESSLY FAILED TO DELIVER INFORMATION AS DEFINED
 IN THIS STATUTE, THAT ATTORNEY SHALL NOTIFY  THE  ATTORNEY  DISCIPLINARY
 COMMITTEE  OF  THE APPROPRIATE JUDICIAL DISTRICT PURSUANT TO RULE 8.3(A)

 S. 2197                             5
 
 OF THE RULES OF PROFESSIONAL CONDUCT FOR PROCEEDINGS PURSUANT  TO  COURT
 RULES.
   (D)  IF  MORE  THAN ONE EVENT IS REFERRED TO THE ATTORNEY DISCIPLINARY
 COMMITTEE, THE REFERRALS SHALL BE CONSOLIDATED.
   11. USE OF FALSE INFORMATION. THE PROVISIONS  OF  SUBDIVISION  TEN  OF
 THIS SECTION SHALL APPLY TO A PROSECUTOR FOR THE KNOWING OR RECKLESS USE
 OF FALSE OR UNTRUTHFUL EVIDENCE.
   §  2. Subdivision 1 of section 240.20 of the criminal procedure law is
 amended by adding a new paragraph (l) to read as follows:
   (L) INFORMATION RESULTING FROM COMPARING DNA TEST RESULTS ON SPECIMENS
 FROM CRIME SCENE SAMPLE OR SAMPLES OBTAINED IN THE COURSE OF AN INVESTI-
 GATION OF AN ALLEGED CRIME WITH THE DNA RECORDS MAINTAINED BY OR  AVAIL-
 ABLE  THROUGH THE STATE DNA IDENTIFICATION INDEX ESTABLISHED PURSUANT TO
 NEW YORK LAW OR ANY OFFICIAL FEDERAL DNA INDEX.
   § 3. Subdivision 1 of section 440.10 of the criminal procedure law  is
 amended by adding a new paragraph (j) to read as follows:
   (J) THE PEOPLE HAVE FAILED TO PROVIDE OR TO PROVIDE IN A TIMELY MANNER
 EVIDENCE EXCULPATORY TO THE DEFENSE AS DEFINED IN SECTION 240.25 OF THIS
 CHAPTER  AND HAVE FAILED TO PROVE THAT THERE WAS NO POSSIBILITY THAT THE
 INFORMATION WOULD HAVE AFFECTED THE DECISION.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S2197

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2019-S2197 (ACTIVE) - Details

2019-S2197 (ACTIVE) - Summary

2019-S2197 (ACTIVE) - Sponsor Memo

2019-S2197 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2197

Share this bill

Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Velmanette Montgomery

Kevin S. Parker

Luis R. Sepúlveda

2019-S2197 (ACTIVE) - Details

2019-S2197 (ACTIVE) - Summary

2019-S2197 (ACTIVE) - Sponsor Memo

2019-S2197 (ACTIVE) - Bill Text download pdf

Comments