S T A T E O F N E W Y O R K
________________________________________________________________________
2113
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred 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
CONCLUDED WITHOUT AN INDICTMENT, ANY PERSON MAY FILE A WRITTEN PETITION
SEEKING THE RELEASE OF MATERIAL CONCERNING OR RELATED TO SUCH GRAND JURY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01841-01-3
A. 2113 2
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.