S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3635
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2025
                                ___________
 
 Introduced  by M. of A. JONES -- 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] THEM, or if [he is] THEY ARE represented by an  attor-
 ney, upon [his] THEIR attorney, a supporting deposition of the complain-
 ant  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 thereon, 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  OTHERWISE SERVED AT THE TIME OF ISSUANCE, the
 court must order the complainant police officer  or  public  servant  to
 serve  a  copy of such supporting deposition upon the defendant or [his]
 THEIR 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07668-01-5
              

 A. 3635                             2
 
 proof of service thereof. Notwithstanding any provision to the contrary,
 where a defendant is issued an appearance ticket in conjunction with the
 offense  charged in the simplified information 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 thir-
 ty days after (a) entry of the defendant's plea of not guilty  when  [he
 or she has] THEY HAVE been arraigned in person, or (b) written notice to
 the  defendant of [his or her] THEIR right to receive a supporting depo-
 sition when a plea of not guilty has been submitted by mail.
   § 2. This act shall take effect immediately.