NY State Senate Bill 2023-S1100

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to finance
Jan 10, 2023	referred to finance

2023-S1100 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §70-d, Exec L; amd §190.25, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5592
2017-2018: S3497
2019-2020: S2189
2021-2022: S3317

2023-S1100 (ACTIVE) - Summary

Establishes the office of special investigation within the department of law to investigate and prosecute any alleged criminal offense or offenses committed by a police officer or peace officer, concerning the death of any person as a result of any encounter with such police officer or peace officer.

2023-S1100 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1100

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the executive law and the criminal procedure law, in
relation to establishing the office of special investigation

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill is designed to increase transparency and facilitate additional
involvement of the court in grand jury proceedings.  Additionally, in
order to enhance public confidence in the integrity of proceedings in
certain instances involving the use of deadly force by police and peace
officers, the bill would authorize the designation or appointment of a
special prosecutor to investigate and/or prosecute such cases.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one would establish an Office of Special Investigation within
the New York State Department of Law (the formal name of the New York
State office of the Attorney General). The Office of Special Investi-

gation would, in certain circumstances, be empowered to investigate and
prosecute alleged criminal offenses committed by a police or peace offi-
cer that involved the use of deadly force against an individual who
neither displayed nor threatened the immediate use of a deadly weapon or
dangerous instrument.

When the police or peace officer allegedly involved was employed by the
State of New York, the Attorney General would be authorized to apply to
the court for appointment of an independent special prosecutor to inves-
tigate and potentially prosecute the matter.

Section two would amend subdivision three of section 190.25 of the Crim-
inal Procedure Law to assure that, as a part of carrying out his or her
duties under law, a judge of the superior court is authorized to be
present in the grand jury room, except during deliberations and voting
by the grand jury.

Section three would make information and records concerning certain
grand jury proceedings more readily available to the public. In
proceedings involving any defendant, when the grand jury does not bring
an indictment for a felony charge, the following information would be
presumptively available for release: the criminal charges submitted,
legal instructions given to the grand jury, testimony of expert
witnesses, testimony of public servants who testified in an official
capacity, and the testimony of other witnesses (redacted as necessary to
prevent discovery of their names and personal data or information that
may reveal identity). Both the district attorney and the person against
whom charges were presented would be able to appear and be heard. in
support of or opposition to any application for release of such informa-
tion and records.

In cases involving the submission of a potential criminal charge against
a police officer or peace officer, legal instructions would be given by
the superior court judge in charge of the grand jury.  After submission
of such charge or charges and final action on them by the grand jury,
these legal instructions would be available for public release, ò
provided that the names of witnesses and any information that would
identify a witness would be redacted if the court determined that public
release of such information would endanger any person.

 
JUSTIFICATION:

It is vital that the public have confidence that our criminal justice
system is impartial and fair. This confidence must be borne not just of
perception, but of reality.

This legislation is designed to enhance public confidence in several
ways. First, in all cases, it expressly authorizes the presence of a
superior court judge in the grand jury room, except during deliberations
and voting. Under existing law, the grand jury is empaneled by the supe-
rior court and "constitutes a part of such court." Criminal Procedure
Law § 190.05. The judge, along with the-district attorney, serves as
legal advisor to the grand jury. CPL 190.25 (6). Thus, it is certainly
appropriate that the judge be among the persons authorized by CPL §
190.25 (3) to be in the grand jury room.

Second, judges are also authorized to instruct grand jurors regarding
their duties and regarding any matter before the grand jury. CPT §
190.25 (6). This bill provides that when the subject of possible grand
jury action. is a police officer or peace officer, legal instructions to
the grand jury will be given by the court. This will enhance public
confidence because the judge, an impartial arbiter, is never called upon
to represent any interest before the court. When an indictment occurs
under current law, public charges are filed and the public generally
learns the specific charges and, as the matter unfolds, further details.
However, when no indictment occurs, all information about the
proceedings remains secret, unless released under limited circumstances.
See CPL 190.25 (4) (a).

In some recent cases involving police and deadly force that did not
result in indictment, present law has led to confusion and concern,
among some in the public, that appropriate evidence was not presented or
necessary legal instructions were not given. This legislation carefully
balances grand jury secrecy with the public's understandable desire to
know more about what led to a "no true bill" result.

Third, district attorneys and police work closely together in the inves-
tigation of criminal acts. When an investigation involves police use of
deadly force, it is reasonable to consider whether a district attorney
can be impartial in investigating the facts and determining whether
grand jury consideration is appropriate.

This bill would establish an Office of Special Investigation within the
N.Y. State Department of Law. After reviewing specified statutory
factors, the office would be authorized to investigate and prosecute
this limited class of cases in the same manner as a district attorney.
In instances where the police officer or peace officer was employed by
New York State, the office would he empowered to seek court appointment
of a special assistant attorney general to investigate and potentially
prosecute the matter.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: Referred to Finance

2019-20: Referred to Finance

2021-22: Referred to Finance

 
FISCAL IMPLICATIONS:

The bill may result in some increased costs to the state, and concom-
itant savings for counties, as some prosecutions would be brought at
state, rather than county, cost.

 
EFFECTIVE DATE:
The bill takes effect on the thirtieth day after it shall have become a
law.

2023-S1100 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1100
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law and the  criminal  procedure  law,  in
   relation to establishing the office of special investigation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new  section  70-d
 to read as follows:
   §  70-D.  OFFICE  OF SPECIAL INVESTIGATION.   1. THERE SHALL BE ESTAB-
 LISHED WITHIN THE DEPARTMENT OF LAW AN OFFICE OF  SPECIAL  INVESTIGATION
 WHICH  SHALL  HAVE  THE  POWER  TO INVESTIGATE AND PROSECUTE ANY ALLEGED
 CRIMINAL OFFENSE OR OFFENSES COMMITTED BY A POLICE OFFICER AS DEFINED IN
 SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW,
 OR  A  PEACE  OFFICER  AS DEFINED IN SUBDIVISION THIRTY-THREE OF SECTION
 1.20 OF THE CRIMINAL PROCEDURE LAW, CONCERNING THE DEATH OF  ANY  PERSON
 THAT  RESULTED  FROM OR POTENTIALLY RESULTED FROM INJURIES THAT OCCURRED
 OR MAY HAVE OCCURRED AS A RESULT OF ANY ENCOUNTER WITH SUCH POLICE OFFI-
 CER OR PEACE OFFICER. THE OFFICE SHALL CONDUCT SUCH AN INVESTIGATION AND
 MAY CONDUCT SUCH A PROSECUTION UPON ITS WRITTEN  FINDING  THAT  SUCH  IS
 APPROPRIATE  BECAUSE:  (A)  THERE IS A LACK OF ALTERNATIVE PROSECUTORIAL
 RESOURCES TO ADEQUATELY INVESTIGATE AND PROSECUTE SUCH CRIMINAL  OFFENSE
 OR  OFFENSES;  (B)  SUCH  INVESTIGATION AND PROSECUTION CANNOT BE EFFEC-
 TIVELY CONDUCTED BY THE DISTRICT ATTORNEY  OF  THE  COUNTY  WHEREIN  THE
 OFFENSE  OR A PORTION THEREOF IS ALLEGED TO HAVE BEEN COMMITTED; (C) THE
 DISTRICT ATTORNEY HAS FAILED OR  REFUSED  TO  EFFECTIVELY  CONDUCT  SUCH
 INVESTIGATION  AND PROSECUTION; OR (D) THE EXERCISE OF SUCH JURISDICTION
 IS NECESSARY TO ENSURE THE CONFIDENCE OF  THE  PUBLIC  IN  THE  CRIMINAL
 JUSTICE  SYSTEM AND JUDICIAL SYSTEM. THE OFFICE OF SPECIAL INVESTIGATION
 WITHIN THE DEPARTMENT OF LAW SHALL BE  HEADED  BY  THE  DEPUTY  ATTORNEY
 GENERAL  APPOINTED BY THE ATTORNEY GENERAL PURSUANT TO SUBDIVISION THREE
 OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03297-01-3

 S. 1100                             2
 
   2. IN ALL PROCEEDINGS PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE
 DEPUTY ATTORNEY GENERAL, APPOINTED PURSUANT TO SUBDIVISION THREE OF THIS
 SECTION, MAY APPEAR IN PERSON OR BY ANY ASSISTANT ATTORNEY GENERAL HE OR
 SHE MAY DESIGNATE BEFORE ANY COURT OR GRAND JURY IN THE STATE AND  EXER-
 CISE  ALL  OF  THE  POWERS AND PERFORM ALL OF THE DUTIES WITH RESPECT TO
 SUCH ACTIONS OR PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD  OTHERWISE
 BE AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM.
   3.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, THE ATTORNEY GENERAL
 SHALL, WITHOUT CIVIL SERVICE EXAMINATION, APPOINT AND EMPLOY, FIX HIS OR
 HER COMPENSATION, AND AT HIS OR HER PLEASURE REMOVE, A  DEPUTY  ATTORNEY
 GENERAL  IN  CHARGE OF THE OFFICE OF SPECIAL INVESTIGATION. THE ATTORNEY
 GENERAL MAY, AND WITHOUT CIVIL SERVICE EXAMINATION, APPOINT AND  EMPLOY,
 AND AT PLEASURE REMOVE, SUCH ASSISTANT DEPUTIES, INVESTIGATORS AND OTHER
 PERSONS  AS  HE  OR  SHE DEEMS NECESSARY, DETERMINE THEIR DUTIES AND FIX
 THEIR COMPENSATION.
   4. (A) WHERE AN INVESTIGATION OR PROSECUTION OF THE TYPE DESCRIBED  IN
 SUBDIVISION  ONE  OF THIS SECTION INVOLVES ACTS THAT APPEAR TO HAVE BEEN
 ENGAGED IN BY A POLICE OFFICER OR PEACE OFFICER EMPLOYED BY THE STATE OF
 NEW YORK, THE ATTORNEY GENERAL SHALL PROMPTLY APPLY TO A SUPERIOR  COURT
 IN  THE COUNTY IN WHICH SUCH ACTS ALLEGEDLY OCCURRED FOR THE APPOINTMENT
 OF A SPECIAL ASSISTANT ATTORNEY GENERAL TO INVESTIGATE  AND  POTENTIALLY
 PROSECUTE  SUCH MATTER. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW,
 SUCH COURT SHALL THEREUPON APPOINT A QUALIFIED ATTORNEY AT LAW HAVING AN
 OFFICE IN OR RESIDING  IN  SUCH  COUNTY  OR  AN  ADJOINING  COUNTY,  NOT
 EMPLOYED  AS  A DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTORNEY, TO ACT
 AS A SPECIAL ASSISTANT ATTORNEY GENERAL WITH RESPECT TO SUCH MATTER,  AT
 A REASONABLE AND APPROPRIATE HOURLY RATE TO BE SET BY SUCH COURT.
   (B)  THE  ATTORNEY GENERAL SHALL PROMPTLY NOTIFY THE STATE COMPTROLLER
 AND THE COURT WHEN SUCH APPOINTMENT HAS BEEN MADE AND ACCEPTED  BY  SUCH
 ATTORNEY.    REASONABLE  FEES  FOR ATTORNEYS AND INVESTIGATION AND LITI-
 GATION EXPENSES SHALL BE PAID BY THE STATE TO SUCH PRIVATE COUNSEL  FROM
 TIME  TO  TIME  DURING  THE PENDENCY OF THE INVESTIGATION AND ANY PROSE-
 CUTION AND APPEAL, UPON THE AUDIT AND WARRANT OF  THE  COMPTROLLER.  ANY
 DISPUTE  WITH  RESPECT TO THE PAYMENT OF SUCH FEES AND EXPENSES SHALL BE
 RESOLVED BY THE COURT UPON MOTION OR BY WAY OF A SPECIAL PROCEEDING.
   (C) THE DEPUTY ATTORNEY GENERAL APPOINTED PURSUANT TO THIS SUBDIVISION
 MAY APPEAR IN PERSON OR BY ANY SPECIAL ASSISTANT DEPUTY ATTORNEY GENERAL
 HE OR SHE MAY DESIGNATE BEFORE ANY COURT OR GRAND JURY IN THE STATE  AND
 EXERCISE ALL OF THE POWERS AND PERFORM ALL OF THE DUTIES WITH RESPECT TO
 SUCH  ACTIONS OR PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE
 BE AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM.
   § 2. 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;
   § 3. Subdivision 6 of section 190.25 of the criminal procedure law  is
 amended and a new subdivision 4-a is added to read as follows:
 S. 1100                             3

   4-A.  (A)  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISION FOUR OF THIS
 SECTION, 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;
   (II) THE LEGAL INSTRUCTIONS PROVIDED TO THE GRAND JURY;
   (III)  THE  TESTIMONY OF ALL PUBLIC SERVANTS WHO TESTIFIED IN AN OFFI-
 CIAL CAPACITY BEFORE THE GRAND JURY AND  OF  ALL  PERSONS  WHO  PROVIDED
 EXPERT TESTIMONY; AND
   (IV) THE TESTIMONY OF ALL OTHER PERSONS WHO TESTIFIED BEFORE THE GRAND
 JURY, REDACTED AS NECESSARY TO PREVENT DISCOVERY OF THEIR NAMES AND SUCH
 OTHER  PERSONAL  DATA  OR  INFORMATION THAT MAY REVEAL OR HELP TO REVEAL
 THEIR IDENTITIES.
   (B) THE APPLICATION SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION MAY
 BE MADE BY ANY PERSON, MUST BE IN WRITING AND, EXCEPT WHERE MADE BY  THE
 PEOPLE,  MUST  BE  UPON  NOTICE TO THE PEOPLE. THE COURT SHALL DIRECT OR
 PROVIDE NOTICE TO ANY OTHER APPROPRIATE PERSON  OR  AGENCY.  WHERE  MORE
 THAN  ONE  APPLICATION IS MADE HEREUNDER IN RELATION TO SUCH A DISMISSAL
 OR DIRECTION, THE COURT MAY CONSOLIDATE SUCH APPLICATIONS AND  DETERMINE
 THEM TOGETHER. WHEN NO APPLICATION HEREUNDER IS MADE, THE SUPERIOR COURT
 MAY  ORDER  DISCLOSURE ON ITS OWN MOTION AS PROVIDED IN PARAGRAPH (C) OF
 THIS SUBDIVISION AT ANY TIME FOLLOWING  NOTICE  TO  THE  PEOPLE  AND  AN
 OPPORTUNITY  TO BE HEARD AND REASONABLE EFFORTS TO NOTIFY AND PROVIDE AN
 OPPORTUNITY TO BE HEARD TO ANY OTHER APPROPRIATE PERSON OR AGENCY.
   (C) UPON AN APPLICATION AS PROVIDED IN PARAGRAPH (A) OF THIS  SUBDIVI-
 SION  OR  ON  THE COURT'S OWN MOTION, THE COURT, AFTER PROVIDING PERSONS
 GIVEN NOTICE AN OPPORTUNITY TO BE HEARD, SHALL DETERMINE WHETHER:
   (I) A SIGNIFICANT NUMBER OF MEMBERS OF THE GENERAL PUBLIC IN THE COUN-
 TY IN WHICH THE GRAND JURY WAS DRAWN AND IMPANELED ARE LIKELY AWARE THAT
 A CRIMINAL INVESTIGATION HAD  BEEN  CONDUCTED  IN  CONNECTION  WITH  THE
 SUBJECT MATTER OF THE GRAND JURY PROCEEDING; AND
   (II)  A  SIGNIFICANT  NUMBER  OF MEMBERS OF THE GENERAL PUBLIC IN SUCH
 COUNTY ARE LIKELY AWARE OF THE IDENTITY OF THE SUBJECT AGAINST WHOM  THE
 CRIMINAL  CHARGE  SPECIFIED  IN  PARAGRAPH  (A)  OF THIS SUBDIVISION WAS
 SUBMITTED TO A GRAND JURY, OR SUCH SUBJECT HAS CONSENTED TO SUCH DISCLO-
 SURE; AND
   (III) THERE IS SIGNIFICANT PUBLIC INTEREST IN DISCLOSURE.
   WHERE THE COURT IS SATISFIED THAT ALL THREE OF THESE FACTORS ARE PRES-
 ENT, AND EXCEPT AS PROVIDED IN PARAGRAPH (D) OF  THIS  SUBDIVISION,  THE
 COURT SHALL DIRECT THE DISTRICT ATTORNEY TO DISCLOSE THE ITEMS SPECIFIED
 IN PARAGRAPH (A) OF THIS SUBDIVISION.
   (D)  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  THIS SUBDIVISION, ON
 APPLICATION OF THE DISTRICT ATTORNEY OR ANY INTERESTED PERSON, OR ON ITS
 OWN MOTION, THE COURT SHALL LIMIT DISCLOSURE OF THE ITEMS  SPECIFIED  IN
 PARAGRAPH  (A)  OF  THIS  SUBDIVISION, IN WHOLE OR PART, WHERE THE COURT
 DETERMINES THERE IS A REASONABLE LIKELIHOOD  THAT  SUCH  DISCLOSURE  MAY
 LEAD TO DISCOVERY OF THE IDENTITY OF A WITNESS WHO IS NOT A PUBLIC SERV-
 ANT OR EXPERT WITNESS, IMPERIL THE HEALTH OR SAFETY OF A GRAND JUROR WHO
 PARTICIPATED  IN  THE  PROCEEDING  OR  A WITNESS WHO APPEARED BEFORE THE
 GRAND JURY, JEOPARDIZE AN IDENTIFIED CURRENT OR FUTURE CRIMINAL INVESTI-
 GATION, CREATE A SPECIFIC THREAT TO PUBLIC SAFETY, OR DESPITE THE INTER-
 S. 1100                             4
 
 ESTS REFLECTED BY THIS SUBDIVISION  IS  CONTRARY  TO  THE  INTERESTS  OF
 JUSTICE.
   (E) WHERE A COURT DETERMINES NOT TO DIRECT DISCLOSURE PURSUANT TO THIS
 SUBDIVISION,  IT  SHALL DO SO IN A WRITTEN ORDER DISMISSING THE APPLICA-
 TION THEREFOR THAT SHALL EXPLAIN WITH SPECIFICITY, TO THE EXTENT PRACTI-
 CABLE, THE BASIS FOR ITS DETERMINATION.
   6. (A) The legal advisors of the grand jury  are  the  court  and  the
 district  attorney,  and  the  grand  jury may not seek or receive legal
 advice from any other source.  Where necessary or appropriate, the court
 or the district attorney, or both, must instruct the grand jury concern-
 ing the law with respect to its duties or any matter before it, and such
 instructions must be recorded in the minutes.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION,  OR  ANY  OTHER
 LAW TO THE CONTRARY, IN ANY PROCEEDING BEFORE A GRAND JURY THAT INVOLVES
 THE  SUBMISSION  OF  A  CRIMINAL  CHARGE  OR CHARGES AGAINST A PERSON OR
 PERSONS FOR AN ACT OR ACTS THAT OCCURRED AT A TIME WHEN SUCH PERSON  WAS
 A  POLICE  OFFICER  OR  PEACE OFFICER, AND THAT CONCERN THE DEATH OF ANY
 PERSON THAT RESULTED FROM OR POTENTIALLY  RESULTED  FROM  INJURIES  THAT
 OCCURRED  OR  MAY  HAVE  OCCURRED AS A RESULT OF ANY ENCOUNTER WITH SUCH
 POLICE OFFICER OR PEACE OFFICER, THE COURT, AFTER  CONSULTATION  ON  THE
 RECORD  WITH  THE DISTRICT ATTORNEY, SHALL INSTRUCT THE GRAND JURY AS TO
 THE CRIMINAL CHARGE OR CHARGES TO BE SUBMITTED AND THE LAW APPLICABLE TO
 SUCH CHARGES AND TO THE MATTERS BEFORE SUCH GRAND JURY.  THEREAFTER, ANY
 QUESTIONS, REQUESTS FOR EXHIBITS, REQUESTS FOR READBACK OF TESTIMONY  OR
 OTHER REQUESTS FROM THE GRAND JURY OR A MEMBER THEREOF SHALL BE PROVIDED
 TO  THE  COURT,  AND  ADDRESSED  BY  THE COURT AFTER CONSULTATION ON THE
 RECORD WITH THE DISTRICT ATTORNEY.
   (C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS FOUR AND FOUR-A  OF
 THIS  SECTION, FOLLOWING FINAL ACTION BY THE GRAND JURY ON THE CHARGE OR
 CHARGES SUBMITTED PURSUANT TO PARAGRAPH (B)  OF  THIS  SUBDIVISION,  THE
 COURT  SHALL  MAKE SUCH LEGAL INSTRUCTIONS AND CHARGES SUBMITTED TO SUCH
 GRAND JURY AVAILABLE TO THE PUBLIC ON REQUEST, PROVIDED THAT  THE  NAMES
 OF  WITNESSES  AND  ANY  INFORMATION  THAT WOULD IDENTIFY SUCH WITNESSES
 INCLUDED IN SUCH LEGAL INSTRUCTIONS OR CHARGES SHALL  BE  REDACTED  WHEN
 THE  COURT  DETERMINES,  IN  A WRITTEN ORDER RELEASED TO THE PUBLIC, AND
 ISSUED AFTER NOTICE TO THE PEOPLE AND THE REQUESTER AND  AN  OPPORTUNITY
 TO  BE HEARD AND REASONABLE EFFORTS TO NOTIFY AND PROVIDE AN OPPORTUNITY
 TO BE HEARD TO ANY OTHER APPROPRIATE PERSON OR AGENCY, THAT THERE  IS  A
 REASONABLE  LIKELIHOOD  THAT  PUBLIC  RELEASE  OF SUCH INFORMATION WOULD
 ENDANGER ANY INDIVIDUAL.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S1100

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

2023-S1100 (ACTIVE) - Details

2023-S1100 (ACTIVE) - Summary

2023-S1100 (ACTIVE) - Sponsor Memo

2023-S1100 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1100

Share this bill

Sponsored By

Jamaal T. Bailey

Current Bill Status - In Senate Committee Finance Committee

2023-S1100 (ACTIVE) - Details

2023-S1100 (ACTIVE) - Summary

2023-S1100 (ACTIVE) - Sponsor Memo

2023-S1100 (ACTIVE) - Bill Text download pdf

Comments