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Senate Bill S7609

2019-2020 Legislative Session

Relates to the timing of discovery

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2019-S7609 (ACTIVE) - Details

See Assembly Version of this Bill:
A9830
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §245.10, CP L

2019-S7609 (ACTIVE) - Summary

Increases the time allowed for initial discovery for the prosecution from fifteen to sixty calendar days after the defendant's arraignment on an indictment, superior court information, prosecutor's information, information, simplified information, misdemeanor complaint or felony complaint; provides for exceptions.

2019-S7609 (ACTIVE) - Sponsor Memo

2019-S7609 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7609
 
                             I N  S E N A T E
 
                             January 29, 2020
                                ___________
 
 Introduced  by  Sen.  BROOKS -- 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 the timing of
   discovery
 
   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 added by section 2 of part LLL of chapter  59
 of  the  laws of 2019, is amended and two new paragraphs (d) and (e) are
 added 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.
   (D)  IN THE EVENT THE PRODUCTION OF DISCOVERY WOULD OTHERWISE CONFLICT
 OR OTHERWISE VIOLATE PARAGRAPH (C) OR (D) OF SUBDIVISION ONE OF  SECTION
 30.30  OF THIS CHAPTER, SUCH TIME FRAMES WITHIN SUCH SECTION 30.30 WOULD
 BE  EXTENDED  IN THE CASE OF PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION
 30.30 OF THIS CHAPTER, AN ADDITIONAL THIRTY DAYS, AND  IN  THE  CASE  OF
 PARAGRAPH  (D)  OF SUBDIVISION ONE OF SECTION 30.30 OF THIS CHAPTER,  AN
 ADDITIONAL SIXTY DAYS. THE PROSECUTION SHALL BE RESPONSIBLE FOR  NOTIFY-
 ING THE COURT OF SUCH TIME EXTENSION, AND MUST CERTIFY TO THE COURT THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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