S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6542--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Codes --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted 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
 WHICH  A  CHARGE THAT A DESIGNATED PERSON COMMITTED A CRIME IS DISMISSED
 PURSUANT TO SUBDIVISION ONE OF  SECTION  190.75  OF  THIS  ARTICLE    OR
 CONCLUDED WITHOUT AN INDICTMENT, ANY PERSON MAY FILE A WRITTEN  PETITION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02424-02-1

 A. 6542--A                          2
 
 SEEKING THE RELEASE OF MATERIAL CONCERNING OR RELATED TO SUCH GRAND JURY
 PROCEEDING, INCLUDING BUT NOT LIMITED TO TRANSCRIPTS, REPORTS, EXHIBITS,
 AND  MATERIAL  OF  ANY  NATURE OR SUBSTANCE OF ANY GRAND JURY TESTIMONY,
 EVIDENCE  OR  ANY  DECISION,  RESULT  OR ANY OTHER MATTER WHICH OCCURRED
 DURING A GRAND JURY PROCEEDING UPON THE  BASIS  OF  ENDURING  HISTORICAL
 IMPORTANCE.    ENDURING  HISTORICAL  IMPORTANCE SHALL INCLUDE GRAND JURY
 RECORDS FORTY YEARS OLD  OR  OLDER  AND  THERE  SHALL  BE  A  REBUTTABLE
 PRESUMPTION  OF  THE  HISTORICAL  IMPORTANCE OF SUCH RECORDS PURSUANT TO
 THIS SUBPARAGRAPH.   FOR THE PURPOSES OF  THIS  SUBPARAGRAPH,  "ENDURING
 HISTORICAL  IMPORTANCE"  SHALL  MEAN  A MATTER WHERE THE RELEASE OF SUCH
 GRAND JURY INFORMATION WOULD ENHANCE THE EXISTING  HISTORICAL    RECORD,
 FOSTER  FURTHER  SCHOLARLY  DISCUSSION, AND IMPROVE THE PUBLIC'S  UNDER-
 STANDING OF A SIGNIFICANT HISTORICAL EVENT.  IN ALL SUCH CASES,  UPON  A
 FINDING  OF  ENDURING  HISTORICAL IMPORTANCE, A COURT SHALL RELEASE SUCH
 GRAND JURY RECORDS IN A MANNER AND FORM AS DETERMINED BY THE COURT.
   § 2.  This act shall take effect immediately and shall apply  to  such
 records created before, on or after such date.