Assembly Bill A10680

2021-2022 Legislative Session

Relates to the timing of discovery for the crime of homicide

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2021-A10680 (ACTIVE) - Details

See Senate Version of this Bill:
S8168
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§245.10 & 245.20, CP L
Versions Introduced in 2023-2024 Legislative Session:
S1018

2021-A10680 (ACTIVE) - Summary

Provides that evidence of a homicide where the defendant has substantiated affiliation with a criminal enterprise may be withheld from discovery.

2021-A10680 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10680
 
                           I N  A S S E M B L Y
 
                              August 12, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Griffin) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the timing of
   certain discovery
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Clause (A) of subparagraph (iv) of paragraph (a) of subdi-
 vision 1 of section 245.10 of the criminal procedure law, as amended  by
 section  1  of part HHH of chapter 56 of the laws of 2020, is amended to
 read as follows:
   (A) Portions of materials claimed to be non-discoverable may be  with-
 held  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.  Information  related to or
 evidencing the identity of a 911 caller, the victim or  witness  of  ANY
 FELONY DEFINED UNDER ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW OR
 an  offense  defined under article one hundred thirty or sections 230.34
 and 230.34-a of the penal law, or any other victim or witness of a crime
 where the defendant has substantiated affiliation with a criminal enter-
 prise as defined in subdivision three of section 460.10 of the penal law
 may be withheld, provided, however, the defendant may move the court for
 disclosure.
   § 2. Paragraph (c) of subdivision 1 of section 245.20 of the  criminal
 procedure  law, as amended by section 2 of part HHH of chapter 56 of the
 laws of 2020, is amended to read as follows:
   (c) The names and adequate contact information for all  persons  other
 than  law  enforcement  personnel  whom  the  prosecutor  knows  to have
 evidence or information relevant to any offense charged or to any poten-
 tial defense thereto, including a designation by the  prosecutor  as  to
 which of those persons may be called as witnesses. Nothing in this para-
 graph  shall  require  the  disclosure  of physical addresses; provided,
 however, upon a motion and good cause shown the  court  may  direct  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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