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

Archive: Last Bill Status - In Senate Committee Codes Committee


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

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2019-S7270 (ACTIVE) - Details

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

2019-S7270 (ACTIVE) - Summary

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

2019-S7270 (ACTIVE) - Sponsor Memo

2019-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
              

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