Assembly Bill A809

2021-2022 Legislative Session

Relates to the public release of grand jury documents

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-A809 (ACTIVE) - Details

See Senate Version of this Bill:
S2198
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.25, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7697
2017-2018: A3325
2019-2020: A2522, S5256
2023-2024: A3259, S741

2021-A809 (ACTIVE) - Summary

Relates to the public release of grand jury documents; releases the district attorney's grand jury charges to the public upon request once the grand jury has reached a final decision.

2021-A809 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    809
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 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  public
   release of grand jury documents
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 190.25 of the  criminal  procedure
 law is amended to read as follows:
   6.  (A)  The  legal  advisors  of the grand jury are the court and the
 district attorney, and the grand jury may  not  seek  or  receive  legal
 advice  from any other source. Where necessary or appropriate, the court
 or the district attorney, or both, must instruct the grand jury concern-
 ing the law with respect to its duties or any matter before it, and such
 instructions must be recorded in the minutes.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS  SECTION
 OR  ANY OTHER LAW TO THE CONTRARY, AT ANY TIME FOLLOWING FINAL ACTION BY
 THE GRAND JURY ON ANY CHARGE OR CHARGES, THE COURT SHALL MAKE SUCH LEGAL
 INSTRUCTIONS AND CHARGES SUBMITTED TO THE GRAND JURY  AVAILABLE  TO  THE
 PUBLIC ON REQUEST, PROVIDED THAT THE NAMES OF WITNESSES AND ANY INFORMA-
 TION   THAT  WOULD  IDENTIFY  SUCH  WITNESSES  INCLUDED  IN  SUCH  LEGAL
 INSTRUCTIONS SHALL BE REDACTED WHEN THE COURT DETERMINES, IN  A  WRITTEN
 ORDER, THAT THERE IS A REASONABLE LIKELIHOOD THAT PUBLIC RELEASE OF SUCH
 INFORMATION WOULD ENDANGER ANY INDIVIDUAL.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04503-01-1

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