senate Bill S3314A

2021-2022 Legislative Session

Relates to grand jury proceedings

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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 13, 2021 print number 3314a
Apr 13, 2021 amend and recommit to codes
Jan 28, 2021 referred to codes

Co-Sponsors

S3314 - Details

See Assembly Version of this Bill:
A5845
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.25, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S5424, A9787
2019-2020: S2185, A5164

S3314 - 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.

S3314 - Sponsor Memo

S3314 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3314
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced by Sens. BAILEY, BENJAMIN, COMRIE, HOYLMAN, PARKER, SEPULVEDA
   -- 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 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 six new paragraphs (c), (d), (e), (f), (g) and (h)  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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S3314A (ACTIVE) - Details

See Assembly Version of this Bill:
A5845
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.25, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S5424, A9787
2019-2020: S2185, A5164

S3314A (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.

S3314A (ACTIVE) - Sponsor Memo

S3314A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3314--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced by Sens. BAILEY, BENJAMIN, COMRIE, HOYLMAN, PARKER, SEPULVEDA
   -- read twice and ordered printed, and when printed to be committed 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  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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