S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4086
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by M. of A. JONES, J. A. GIGLIO -- read once and referred to
   the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in  relation  to  supporting
   depositions  that  are  served at the time of issuance of a simplified
   information
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 100.25 of the criminal procedure
 law, as amended by chapter 67 of the laws of 1996, is amended to read as
 follows:
   2. A defendant charged by a simplified information is, upon  a  timely
 request,  entitled as a matter of right to have filed with the court and
 served upon him, or if he is represented by an attorney, upon his attor-
 ney, a supporting deposition of the complainant police officer or public
 servant, containing allegations of  fact,  based  either  upon  personal
 knowledge  or upon information and belief, providing reasonable cause to
 believe that the defendant committed the offense or offenses charged. To
 be timely, such a request must, except as otherwise provided herein  and
 in  subdivision three of this section, be made before entry of a plea of
 guilty to the charge specified and before commencement of a trial there-
 on, but not later than thirty days  after  the  date  the  defendant  is
 directed  to  appear  in  court as such date appears upon the simplified
 information and upon the appearance ticket issued pursuant  thereto.  If
 the  defendant's  request  is  mailed  to the court, the request must be
 mailed within such thirty day period. Upon such a request, UNLESS OTHER-
 WISE SERVED AT THE TIME OF ISSUANCE, the court must order the  complain-
 ant  police officer or public servant to serve a copy of such supporting
 deposition upon the defendant or his attorney, within thirty days of the
 date such request is received by the court, or at least five days before
 trial, whichever is earlier, and to file such supporting deposition with
 the court together with proof of service  thereof.  Notwithstanding  any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06830-01-3
              

 A. 4086                             2
 
 provision  to  the  contrary,  where a defendant is issued an appearance
 ticket in conjunction with the offense charged in the simplified  infor-
 mation  and the appearance ticket fails to conform with the requirements
 of  subdivision two of section 150.10 OF THIS TITLE, a request is timely
 when made not later than thirty days after (a) entry of the  defendant's
 plea  of  not guilty when he or she has been arraigned in person, or (b)
 written notice to the defendant  of  his  or  her  right  to  receive  a
 supporting  deposition  when  a plea of not guilty has been submitted by
 mail.
   § 2. This act shall take effect immediately.