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Senate Bill S7121

2019-2020 Legislative Session

Relates to issuing an additional stay of up to twenty-one days for the timing of discovery in certain courts

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2019-S7121 (ACTIVE) - Details

See Assembly Version of this Bill:
A9105
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §245.10, CP L

2019-S7121 (ACTIVE) - Summary

Relates to issuing an additional stay of up to twenty-one days for the timing of discovery in certain courts.

2019-S7121 (ACTIVE) - Sponsor Memo

2019-S7121 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7121
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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  issuing  an
   additional  stay  of up to twenty-one days for the timing of discovery
   in certain courts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of subdivision 1 of section 245.10 of the
 criminal procedure law, as amended by section 2 of part LLL  of  chapter
 59 of the laws of 2019, is 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 calendar days after  the  defendant's
 arraignment  on  an indictment, superior court information, prosecutor's
 information, information, simplified information, misdemeanor  complaint
 or  felony complaint. Portions of materials claimed to be non-discovera-
 ble may be withheld pending a determination  and  ruling  of  the  court
 under  section  245.70 of this article; but the defendant shall be noti-
 fied in writing that information has not been disclosed under a  partic-
 ular  subdivision of such section, and the discoverable portions of such
 materials shall be disclosed to the extent practicable. When the discov-
 erable materials are exceptionally voluminous or, despite diligent, good
 faith efforts, are otherwise not in the actual possession of the  prose-
 cution,  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. NOTWITHSTANDING THE
 FOREGOING, IN A TOWN OR VILLAGE COURT WHICH  CONVENES  ON  A  BI-MONTHLY
 BASIS  OR  LESS  FREQUENTLY,  THE  TIME PERIODS IN THIS PARAGRAPH MAY BE
 STAYED BY UP TO AN ADDITIONAL TWENTY-ONE DAYS WITHOUT NEED FOR A  MOTION
 PURSUANT TO SUBDIVISION TWO OF SECTION 245.70 OF THIS ARTICLE.
   § 2. This act shall take effect immediately; provided, however that if
 section  2  of part LLL of chapter 59 of the laws of 2019 shall not have
 taken effect on or before such date, then section one of this act  shall
 take effect on the same date and in the same manner as such section 2 of

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