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.