senate Bill S1716

2019-2020 Legislative Session

Establishes new criminal discovery rules; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 15, 2019 referred to codes

Co-Sponsors

view additional co-sponsors

S1716 - Details

See Assembly Version of this Bill:
A1431
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld Art 240, add Art 245 §§245.10 - 245.90, amd §§610.20, 65.20, 200.95, 255.10, 255.20, 340.30, 400.27 & 440.30, CP L; amd §§450.10, 460.80 & 480.10, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6907
2013-2014: A3667
2015-2016: A2924
2017-2018: S8707, A4360

S1716 - Summary

Establishes new criminal discovery rules; amends cross references.

S1716 - Sponsor Memo

S1716 - Bill Text download pdf


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

    S. 1716                                                  A. 1431

                       2019-2020 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 15, 2019
                               ___________

IN  SENATE  --  Introduced  by  Sens.  BAILEY, BENJAMIN, BIAGGI, COMRIE,
  GIANARIS,  HOYLMAN,  KAVANAGH,  KRUEGER,  MONTGOMERY,  MYRIE,  PARKER,
  PERSAUD,  RAMOS,  RIVERA, SAVINO, SEPULVEDA, SERRANO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes

IN  ASSEMBLY  --  Introduced  by  M. of A. LENTOL, TAYLOR, PERRY, ORTIZ,
  JEAN-PIERRE, WEPRIN, DICKENS,  JAFFEE,  BURKE,  CRUZ,  FALL,  FRONTUS,
  JACOBSON,  RAYNOR, REYES -- read once and referred to the Committee on
  Codes

AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
  relation  to  establishing new criminal discovery rules; and to repeal
  article 240 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.
  § 2. The criminal procedure law is amended by adding a new article 245
to read as follows:
                               ARTICLE 245
                                DISCOVERY
SECTION 245.05 FIRST COURT APPEARANCE.
        245.10 TIMING OF DISCOVERY.
        245.20 AUTOMATIC DISCOVERY.
        245.25 DISCLOSURE PRIOR TO CERTAIN GUILTY PLEAS.
        245.30 COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY.
        245.35 COURT ORDERED PROCEDURES TO FACILITATE COMPLIANCE.
        245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
        245.45 DNA COMPARISON ORDER.
        245.50 CERTIFICATES OF COMPLIANCE; READINESS FOR TRIAL.
        245.55 FLOW OF INFORMATION.
        245.60 CONTINUING DUTY TO DISCLOSE.

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.