S T A T E O F N E W Y O R K
________________________________________________________________________
5297
2021-2022 Regular Sessions
I N A S S E M B L Y
February 12, 2021
___________
Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the judiciary law, establishing guidelines for district
attorneys with regard to electronic conversions of certain records,
books or papers in the care, custody or control of the district attor-
ney which are more than ten years old
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 89 of the judiciary law is amended by adding a new
subdivision 3 to read as follows:
3. NOTWITHSTANDING AN OTHER PROVISIONS OF LAW, THE JUSTICES OF THE
APPELLATE DIVISION OF THE SUPREME COURT IN EACH JUDICIAL DEPARTMENT MAY
ON APPLICATION OF THE DISTRICT ATTORNEY OF ANY COUNTY WITHIN ITS JUDI-
CIAL DEPARTMENT, DIRECT, BY ORDER, THAT THE DISTRICT ATTORNEY MAY ELEC-
TRONICALLY FILE, WHETHER BY ELECTRONIC SCAN OR MICROFICHE, ANY RECORDS,
BOOKS OR PAPERS IN THE CARE, CUSTODY OR CONTROL OF THE DISTRICT ATTORNEY
WHICH ARE MORE THAN TEN YEARS OLD, WHETHER CURRENTLY IN USE OR NOT, THE
ELECTRONIC FILING OF WHICH IN THE OPINION OF THE JUSTICES OF THE APPEL-
LATE DIVISION WOULD SERVE NO LEGAL, PRACTICAL OR USEFUL PURPOSE, EXCEPT
ANY RECORDS, BOOKS OR PAPERS RELATED TO A HOMICIDE CASE, AS DEFINED
UNDER SECTION 125.00 OF THE PENAL LAW, WHETHER CURRENTLY IN USE OR NOT,
AS WELL AS ANY PERMANENT RECORDS OF CRIMINAL CASES, PRINTED AND BOUND
VOLUMES OF CASES ON APPEAL AND ORIGINAL INDICTMENTS. THE JUSTICES OF THE
APPELLATE DIVISION AS A CONDITION OF SUCH DISPOSITION MAY REQUIRE THE
WRITTEN CONSENT OF ANY STATE OR LOCAL DEPARTMENT OR AGENCY HAVING AN
INTEREST IN SUCH RECORDS, BOOKS OR PAPERS.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09132-01-1