Assembly Bill A5845

2021-2022 Legislative Session

Relates to grand jury proceedings

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • 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-A5845 (ACTIVE) - Details

See Senate Version of this Bill:
S3314
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.25, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9787, S5424
2019-2020: A5164, S2185
2023-2024: A3177, S963

2021-A5845 (ACTIVE) - Summary

Provides that in grand jury proceedings 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 dismiss all charges or directs the DA to file in a local criminal court an application for disclosure of certain materials; authorizes the court to limit disclosure of certain items where there is a reasonable likelihood that such disclosure may lead to the identity of a witness who is not a public servant or expert witness; makes related provisions.

2021-A5845 (ACTIVE) - Bill Text download pdf

                            
 
                     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.
              

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