senate Bill S37

2021-2022 Legislative Session

Relates to establishing provisions for appeals by a non-party to an intermediate appellate court

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance 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 25, 2022 reported and committed to finance
Jan 05, 2022 referred to codes
Jan 06, 2021 referred to codes

Votes

view votes

Apr 25, 2022 - Codes committee Vote

S37
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

S37 (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Criminal Procedure Law
Laws Affected:
Add §450.25, amd §§450.60, 460.10 & 460.50, CP L
Versions Introduced in 2019-2020 Legislative Session:
S7343

S37 (ACTIVE) - Summary

Establishes provisions for appeals by a non-party to a criminal action or proceeding to an intermediate appellate court; permits such non-party to apply for an order staying such action or proceeding.

S37 (ACTIVE) - Sponsor Memo

S37 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    37
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. 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  establishing
   provisions  for  appeals  by  a non-party to an intermediate appellate
   court

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  criminal  procedure  law  is amended by adding a new
 section 450.25 to read as follows:
 § 450.25 APPEAL BY NON-PARTY TO INTERMEDIATE APPELLATE  COURT;  IN  WHAT
            CASES AUTHORIZED.
   AN APPEAL DIRECTLY TO THE INTERMEDIATE APPELLATE COURT MAY BE TAKEN AS
 OF RIGHT BY A NON-PARTY FROM THE FOLLOWING ORDERS OF A CRIMINAL COURT:
   1.  AN ORDER OF A CRIMINAL COURT DENYING A NON-PARTY'S MOTION TO QUASH
 A SUBPOENA DUCES TECUM ON THE GROUNDS THAT THE MOVANT IS PROTECTED  FROM
 COMPELLED PRODUCTION BY CLAIM OF PRIVILEGE, IMMUNITY FROM DISCLOSURE, OR
 ANY  OTHER CONSTITUTIONAL, COMMON LAW, OR STATUTORY PRIVILEGE, INCLUDING
 THOSE SET FORTH UNDER ARTICLE FORTY-FIVE OR SUBDIVISION (C)  OF  SECTION
 THIRTY-ONE  HUNDRED  ONE OF THE CIVIL PRACTICE LAW AND RULES AND SECTION
 SEVENTY-NINE-H OF THE CIVIL RIGHTS LAW.
   2. AN ORDER DENYING A MOTION TO QUASH A SUBPOENA AD  TESTIFICANDUM  ON
 THE  GROUNDS  THAT  THE  MOVANT IS PROTECTED FROM COMPELLED TESTIMONY BY
 CLAIM OF PRIVILEGE, IMMUNITY FROM DISCLOSURE,  OR  ANY  OTHER  CONSTITU-
 TIONAL,  COMMON  LAW,  OR STATUTORY PRIVILEGE, INCLUDING THOSE SET FORTH
 UNDER ARTICLE  FORTY-FIVE  OR  SUBDIVISION  (C)  OF  SECTION  THIRTY-ONE
 HUNDRED  ONE  OF  THE  CIVIL PRACTICE LAW AND RULES AND SECTION SEVENTY-
 NINE-H OF THE CIVIL RIGHTS LAW.
   3. AN APPEAL TAKEN PURSUANT TO SUBDIVISION ONE OR TWO OF THIS  SECTION
 SHALL  BE  EXPEDITIOUSLY  FILED, HEARD AND DETERMINED IN ACCORDANCE WITH
 THE RULES OF THE APPELLATE DIVISION OF  THE  DEPARTMENT  IN  WHICH  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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