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.