senate Bill S316A

2021-2022 Legislative Session

Relates to providing for the release of certain grand jury proceeding materials on the basis of enduring historical importance

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Jun 02, 2021 print number 316a
Jun 02, 2021 amend and recommit to codes
Jan 06, 2021 referred to codes

Co-Sponsors

view additional co-sponsors

S316 - Details

See Assembly Version of this Bill:
A6542
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.25, CP L

S316 - Summary

Allows a person to petition the court for grand jury proceeding materials on the basis of enduring historical importance.

S316 - Sponsor Memo

S316 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    316
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. MYRIE, BAILEY, KAMINSKY, SEPULVEDA, HOYLMAN -- 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 providing for
   the release of certain grand jury proceeding materials on the basis of
   enduring historical importance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 4 of  section  190.25  of  the
 criminal  procedure  law, as amended by chapter 677 of the laws of 1985,
 is amended to read as follows:
   (a) [Grand] (I) EXCEPT  AS  OTHERWISE  PROVIDED  BY  LAW,  GRAND  jury
 proceedings are secret, and no grand juror, or other person specified in
 subdivision  three  of  this section or section 215.70 of the penal law,
 may, except in the lawful discharge of his duties or upon written  order
 of  the court, disclose the nature or substance of any grand jury testi-
 mony, evidence, or any decision, result  or  other  matter  attending  a
 grand  jury  proceeding.  For the purpose of assisting the grand jury in
 conducting its investigation, evidence obtained by a grand jury  may  be
 independently  examined  by the district attorney, members of his staff,
 police officers specifically assigned to  the  investigation,  and  such
 other persons as the court may specifically authorize. Such evidence may
 not  be  disclosed  to  other  persons  without a court order.   Nothing
 contained herein shall prohibit a witness from disclosing his own testi-
 mony.
   (II) IN PROCEEDINGS WHERE A GRAND JURY IS IMPANELED TO HEAR AND  EXAM-
 INE  EVIDENCE  CONCERNING OFFENSES,  MISCONDUCT, NONFEASANCE AND NEGLECT
 BY A PUBLIC OFFICER OR EMPLOYEE,   WHETHER  CRIMINAL  OR  OTHERWISE,  IN
 WHICH  A  CHARGE THAT A DESIGNATED PERSON COMMITTED A CRIME IS DISMISSED
 PURSUANT TO SUBDIVISION ONE OF  SECTION  190.75  OF  THIS  ARTICLE    OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S316A (ACTIVE) - Details

See Assembly Version of this Bill:
A6542
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.25, CP L

S316A (ACTIVE) - Summary

Allows a person to petition the court for grand jury proceeding materials on the basis of enduring historical importance.

S316A (ACTIVE) - Sponsor Memo

S316A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  316--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. MYRIE, BAILEY, KAMINSKY, SEPULVEDA, HOYLMAN, BIAGGI,
   BRISPORT, GOUNARDES, JACKSON, RAMOS -- read twice and ordered printed,
   and  when printed to be committed to the Committee on Codes -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN ACT to amend the criminal procedure law, in relation to providing for
   the release of certain grand jury proceeding materials on the basis of
   enduring historical importance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 4 of  section  190.25  of  the
 criminal  procedure  law, as amended by chapter 677 of the laws of 1985,
 is amended to read as follows:
   (a) [Grand] (I) EXCEPT  AS  OTHERWISE  PROVIDED  BY  LAW,  GRAND  jury
 proceedings are secret, and no grand juror, or other person specified in
 subdivision  three  of  this section or section 215.70 of the penal law,
 may, except in the lawful discharge of his duties or upon written  order
 of  the court, disclose the nature or substance of any grand jury testi-
 mony, evidence, or any decision, result  or  other  matter  attending  a
 grand  jury  proceeding.  For the purpose of assisting the grand jury in
 conducting its investigation, evidence obtained by a grand jury  may  be
 independently  examined  by the district attorney, members of his staff,
 police officers specifically assigned to  the  investigation,  and  such
 other persons as the court may specifically authorize. Such evidence may
 not  be  disclosed  to  other  persons  without a court order.   Nothing
 contained herein shall prohibit a witness from disclosing his own testi-
 mony.
   (II) IN PROCEEDINGS WHERE A GRAND JURY IS IMPANELED TO HEAR AND  EXAM-
 INE  EVIDENCE  CONCERNING OFFENSES,  MISCONDUCT, NONFEASANCE AND NEGLECT
 BY A PUBLIC OFFICER OR EMPLOYEE,   WHETHER  CRIMINAL  OR  OTHERWISE,  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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