senate Bill S7270

2019-2020 Legislative Session

Relates to extending the discovery timeline from fifteen to forty-five days

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, 2020 referred to codes

S7270 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§245.10 & 245.20, CP L

S7270 (ACTIVE) - Summary

Extends the discovery timeline from fifteen to forty-five days.

S7270 (ACTIVE) - Sponsor Memo

S7270 (ACTIVE) - Bill Text download pdf


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

                                  7270

                            I N  S E N A T E

                            January 15, 2020
                               ___________

Introduced  by  Sen.  BOYLE  -- 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 extending the
  discovery timeline from fifteen to forty-five days

  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 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] FORTY-FIVE 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.
  § 2. Paragraphs (g) and (s) of subdivision 1 of section 245.20 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:
  (g) All tapes or other electronic recordings, including all electronic
recordings of 911 telephone calls made or received  in  connection  with
the alleged criminal incident, and a designation by the prosecutor as to
which  of the recordings under this paragraph the prosecution intends to
introduce at trial or a pre-trial hearing. If the discoverable materials
under this paragraph exceed ten hours in total length,  the  prosecution

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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.