The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5845
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 26, 2021
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  grand  jury
   proceedings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Paragraph (d) of subdivision 3 of section  190.25  of  the
 criminal  procedure law is amended and a new paragraph (a-1) is added to
 read as follows:
   (A-1) A JUDGE OR JUSTICE OF THE SUPERIOR COURT;
   (d) An interpreter. Upon request of the grand jury OR THE  COURT,  the
 prosecutor must provide an interpreter to interpret the testimony of any
 witness who does not speak the English language well enough to be readi-
 ly  understood.  Such  interpreter must, if he OR SHE has not previously
 taken the constitutional oath of office, first take an oath  before  the
 grand jury that he OR SHE will faithfully interpret the testimony of the
 witness  and  that  he  OR  SHE will keep secret all matters before such
 grand jury within his OR HER knowledge;
   § 2. Subdivision 4 of section 190.25 of the criminal procedure law  is
 amended  by adding seven new paragraphs (c), (d), (e), (f), (g), (h) and
 (i) to read as follows:
   (C) IN ADDITION TO PARAGRAPHS (A) AND (B) OF THIS  SUBDIVISION,  WHEN,
 FOLLOWING  SUBMISSION  TO  A GRAND JURY OF A CRIMINAL CHARGE OR CHARGES,
 THE GRAND JURY DISMISSES ALL CHARGES PRESENTED OR DIRECTS  THE  DISTRICT
 ATTORNEY  TO  FILE  IN A LOCAL CRIMINAL COURT A PROSECUTOR'S INFORMATION
 CHARGING AN OFFENSE OTHER THAN A FELONY, AS PROVIDED IN SUBDIVISION  ONE
 OF  SECTION  190.70  OF  THIS ARTICLE, AN APPLICATION MAY BE MADE TO THE
 SUPERIOR COURT FOR DISCLOSURE OF THE FOLLOWING MATERIAL RELATING TO  THE
 PROCEEDINGS BEFORE SUCH GRAND JURY:
   (I) THE CRIMINAL CHARGE OR CHARGES SUBMITTED;
   (II) THE LEGAL INSTRUCTIONS PROVIDED TO THE GRAND JURY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07054-02-1

 A. 5845                             2
 
   (III)  THE  TESTIMONY OF ALL PUBLIC SERVANTS WHO TESTIFIED IN AN OFFI-
 CIAL CAPACITY BEFORE THE GRAND JURY AND  OF  ALL  PERSONS  WHO  PROVIDED
 EXPERT TESTIMONY; AND
   (IV) THE TESTIMONY OF ALL OTHER PERSONS WHO TESTIFIED BEFORE THE GRAND
 JURY, REDACTED AS NECESSARY TO PREVENT DISCOVERY OF THEIR NAMES AND SUCH
 OTHER  PERSONAL  DATA  OR  INFORMATION THAT MAY REVEAL OR HELP TO REVEAL
 THEIR IDENTITIES.
   (D) THE APPLICATION SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION MAY
 BE MADE BY ANY PERSON, MUST BE IN WRITING AND, EXCEPT WHERE MADE BY  THE
 PEOPLE,  MUST  BE  UPON  NOTICE TO THE PEOPLE. THE COURT SHALL DIRECT OR
 PROVIDE NOTICE TO ANY OTHER APPROPRIATE PERSON  OR  AGENCY.  WHERE  MORE
 THAN  ONE  APPLICATION IS MADE HEREUNDER IN RELATION TO SUCH A DISMISSAL
 OR DIRECTION, THE COURT MAY CONSOLIDATE SUCH APPLICATIONS AND  DETERMINE
 THEM TOGETHER. WHEN NO APPLICATION HEREUNDER IS MADE, THE SUPERIOR COURT
 MAY  ORDER  DISCLOSURE ON ITS OWN MOTION AS PROVIDED IN PARAGRAPH (E) OF
 THIS SUBDIVISION AT ANY TIME FOLLOWING  NOTICE  TO  THE  PEOPLE  AND  AN
 OPPORTUNITY  TO BE HEARD AND REASONABLE EFFORTS TO NOTIFY AND PROVIDE AN
 OPPORTUNITY TO BE HEARD TO ANY OTHER APPROPRIATE PERSON OR AGENCY.
   (E) UPON AN APPLICATION AS PROVIDED IN PARAGRAPH (C) OF THIS  SUBDIVI-
 SION  OR  ON  THE COURT'S OWN MOTION, THE COURT, AFTER PROVIDING PERSONS
 GIVEN NOTICE AN OPPORTUNITY TO BE HEARD, SHALL DETERMINE WHETHER:
   (I) A SIGNIFICANT NUMBER OF MEMBERS OF THE GENERAL PUBLIC IN THE COUN-
 TY IN WHICH THE GRAND JURY WAS DRAWN AND IMPANELED ARE LIKELY AWARE THAT
 A CRIMINAL INVESTIGATION HAD  BEEN  CONDUCTED  IN  CONNECTION  WITH  THE
 SUBJECT MATTER OF THE GRAND JURY PROCEEDING; AND
   (II)  A  SIGNIFICANT  NUMBER  OF MEMBERS OF THE GENERAL PUBLIC IN SUCH
 COUNTY ARE LIKELY AWARE OF THE IDENTITY OF THE SUBJECT AGAINST WHOM  THE
 CRIMINAL  CHARGE  SPECIFIED  IN  PARAGRAPH  (C)  OF THIS SUBDIVISION WAS
 SUBMITTED TO A GRAND JURY, OR SUCH SUBJECT HAS CONSENTED TO SUCH DISCLO-
 SURE; AND
   (III) THERE IS SIGNIFICANT PUBLIC INTEREST IN DISCLOSURE.
   WHERE THE COURT IS SATISFIED THAT ALL THREE OF THESE FACTORS ARE PRES-
 ENT, AND EXCEPT AS PROVIDED IN PARAGRAPH (F) OF  THIS  SUBDIVISION,  THE
 COURT  SHALL DIRECT THE DISTRICT ATTORNEY TO PROMPTLY DISCLOSE THE ITEMS
 SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION.
   (F) NOTWITHSTANDING ANY  OTHER  PROVISIONS  OF  THIS  SUBDIVISION,  ON
 APPLICATION OF THE DISTRICT ATTORNEY OR ANY INTERESTED PERSON, OR ON ITS
 OWN  MOTION,  THE COURT SHALL LIMIT DISCLOSURE OF THE ITEMS SPECIFIED IN
 PARAGRAPH (C) OF THIS SUBDIVISION, IN WHOLE OR  PART,  WHERE  THE  COURT
 DETERMINES  THERE  IS  A  REASONABLE LIKELIHOOD THAT SUCH DISCLOSURE MAY
 LEAD TO DISCOVERY OF THE IDENTITY OF A WITNESS WHO IS NOT A PUBLIC SERV-
 ANT OR EXPERT WITNESS, IMPERIL THE HEALTH OR SAFETY OF A GRAND JUROR WHO
 PARTICIPATED IN THE PROCEEDING OR A  WITNESS  WHO  APPEARED  BEFORE  THE
 GRAND JURY, JEOPARDIZE AN IDENTIFIED CURRENT OR FUTURE CRIMINAL INVESTI-
 GATION, CREATE A SPECIFIC THREAT TO PUBLIC SAFETY, OR DESPITE THE INTER-
 ESTS  REFLECTED  BY  THIS  SUBDIVISION  IS  CONTRARY TO THE INTERESTS OF
 JUSTICE.
   (G) WHERE A COURT DETERMINES NOT TO DIRECT DISCLOSURE, IN WHOLE OR  IN
 PART, PURSUANT TO THIS SUBDIVISION, IT SHALL DO SO PROMPTLY IN A WRITTEN
 ORDER  THAT  SHALL  EXPLAIN WITH SPECIFICITY, TO THE EXTENT PRACTICABLE,
 THE BASIS FOR ITS DETERMINATION.
   (H) WHERE AN APPLICATION PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION
 HAS BEEN DENIED, IN WHOLE OR IN PART, THE APPLICANT  MAY  APPEAL  AS  OF
 RIGHT  FROM  SUCH  ORDER  TO THE APPELLATE DIVISION IN THE DEPARTMENT IN
 WHICH SUCH ORDER WAS ENTERED, IN ACCORDANCE WITH  ARTICLE  FOUR  HUNDRED
 SIXTY OF THIS CHAPTER.

 A. 5845                             3
 
   (I)  NOTHING IN THIS PARAGRAPH OR PARAGRAPH (C), (D), (E), (F), (G) OR
 (H) OF THIS SUBDIVISION SHALL BE INTERPRETED AS LIMITING OR  RESTRICTING
 ANY BROADER RIGHT OF ACCESS TO GRAND JURY MATERIALS UNDER ANY OTHER LAW,
 COMMON LAW OR COURT PRECEDENT.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.