Assembly Bill A7896A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7896--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2025
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Codes -- recommitted to the Committee on Codes in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  criminal procedure law, in relation to business
   records in grand jury proceedings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of subdivision 8 of section 190.30 of the
 criminal procedure law, as added by chapter 279 of the laws of 2008,  is
 amended to read as follows:
   (a)  [A business record may be received in such grand jury proceedings
 as evidence of the following facts and similar facts stated therein:
   (i) a person's use of, subscription to and charges  and  payments  for
 communication equipment and services including but not limited to equip-
 ment  or  services  provided by telephone companies and internet service
 providers, but not including recorded conversations or  images  communi-
 cated thereby; and
   (ii)  financial  transactions,  and a person's ownership or possessory
 interest in any  account,  at  a  bank,  insurance  company,  brokerage,
 exchange  or banking organization as defined in section two of the bank-
 ing law] ANY WRITING OR RECORD, WHETHER IN THE FORM OF  AN  ENTRY  IN  A
 BOOK  OR  OTHERWISE,  MADE  AS A MEMORANDUM OR RECORD OF ANY ACT, TRANS-
 ACTION, OCCURRENCE  OR  EVENT,  MAY  BE  RECEIVED  IN  SUCH  GRAND  JURY
 PROCEEDINGS  AS EVIDENCE OF PROOF THAT SUCH ACT, TRANSACTION, OCCURRENCE
 OR EVENT, IF IT WAS MADE IN THE REGULAR COURSE OF ANY BUSINESS AND  THAT
 IT  WAS  THE  REGULAR COURSE OF SUCH BUSINESS TO MAKE IT, AT THE TIME OF
 THE ACT, TRANSACTION, OCCURRENCE OR EVENT, OR WITHIN A  REASONABLE  TIME
 THEREAFTER.    AN ELECTRONIC RECORD, AS DEFINED IN SECTION THREE HUNDRED
 TWO OF THE STATE TECHNOLOGY LAW, USED OR STORED AS SUCH A MEMORANDUM  OR
 RECORD,  MAY BE RECEIVED IN SUCH GRAND JURY PROCEEDINGS AS EVIDENCE IN A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10861-04-6
              

 A. 7896--A                          2
 
 TANGIBLE EXHIBIT THAT IS A TRUE  AND  ACCURATE  REPRESENTATION  OF  SUCH
 ELECTRONIC  RECORD.  THE  TERM BUSINESS INCLUDES A BUSINESS, PROFESSION,
 OCCUPATION AND CALLING OF EVERY KIND.
   §  2. Paragraph (c) of subdivision 8 of section 190.30 of the criminal
 procedure law, as added by chapter 279 of the laws of 2008,  is  amended
 to read as follows:
   (c)  Any business record offered to a grand jury pursuant to paragraph
 (a) of this subdivision that includes material [beyond that described in
 such paragraph (a)] OUTSIDE THE SCOPE OF THE BUSINESS RECORD AS REGULAR-
 LY GENERATED shall be redacted to exclude such additional  material,  or
 received subject to a limiting instruction that the grand jury shall not
 consider such additional material in support of any criminal charge.
   § 3. This act shall take effect immediately.