Assembly Bill A825

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    825
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. LASHER -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation to giving prose-
   cutors'  offices  access  to  law  enforcement  records  for discovery
   purposes

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative intent. The legislature enacted reforms of the
 discovery process in two thousand twenty  to  enhance  transparency  and
 fairness in criminal proceedings by ensuring that defendants have timely
 access  to  the  evidence  against  them. However, the implementation of
 these reforms has placed significant burdens on both district attorneys'
 offices and law enforcement agencies, which must  meet  tight  deadlines
 for  the  collection  and  disclosure  of  vast  amounts of records. The
 effects of this burden are exacerbated by the  current  lack  of  direct
 access  by  district  attorneys'  offices  to  law  enforcement evidence
 systems, forcing prosecutors to rely on a manual and delayed process for
 obtaining critical materials.
   To address these challenges, this act seeks to improve the  efficiency
 of  the discovery process by granting district attorneys' offices direct
 access to law enforcement records and databases related to  the  subject
 matter of criminal cases. This access will help alleviate delays, reduce
 the  administrative  burden on both prosecutors and law enforcement, and
 ensure that cases are resolved based on their merits rather than  proce-
 dural  failures.  By  allowing  staff  in district attorneys' offices to
 directly retrieve records, the act also aims to return  police  officers
 to their core responsibilities of maintaining public safety.
   The  legislature  finds that these reforms will promote the timely and
 fair resolution of criminal cases, advancing the  interests  of  justice
 for both defendants and the public at large.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00487-02-5
 A. 825                              2
 
   § 2. Section 245.20 of the criminal procedure law is amended by adding
 a new subdivision 8 to read as follows:
   8.  PROSECUTOR  ACCESS TO LAW ENFORCEMENT MATERIALS. (A) EACH DISTRICT
 ATTORNEY'S OFFICE SHALL HAVE ACCESS TO  ALL  ELECTRONIC  RECORD  SYSTEMS
 INCLUDING  BUT  NOT  LIMITED TO DOCUMENTS, AUDIO FILES, AND VIDEO FILES,
 CONTAINING INFORMATION RELATED TO THE SUBJECT MATTER OF A CRIMINAL CASE,
 OR INFORMATION THAT A COURT HAS ORDERED THE PROSECUTOR  TO  DISCLOSE  TO
 THE  DEFENSE,  OF EVERY POLICE DEPARTMENT OR AGENCY CERTIFIED IN ACCORD-
 ANCE WITH PARAGRAPH (D) OF SUBDIVISION  ONE  OF  SECTION  EIGHT  HUNDRED
 FORTY-SIX-H OF THE EXECUTIVE LAW THAT OPERATES WITHIN THE COUNTY OF SUCH
 DISTRICT ATTORNEY.
   (B)  EVERY  POLICE  DEPARTMENT OR AGENCY SHALL ISSUE NO FEWER THAN ONE
 LOGIN CREDENTIAL TO EACH DISTRICT ATTORNEY'S OFFICE WITH ACCESS TO  SUCH
 DEPARTMENT'S  OR  AGENCY'S  COMPUTER SYSTEM PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION AND SHALL ISSUE NO  FEWER  THAN  ONE  ADDITIONAL  LOGIN
 CREDENTIAL  FOR  EVERY TWENTY THOUSAND RESIDENTS OF THE COUNTY AS DETER-
 MINED BY THE MOST RECENT FEDERAL  CENSUS.  THE  CREDENTIALS  ISSUED  MAY
 RESTRICT THE USER TO VIEWING, PRINTING, DOWNLOADING, OR OTHERWISE SAVING
 THE  MATERIALS ACCESSED WITH NO ABILITY TO GENERATE, EDIT, OR DELETE ANY
 DOCUMENTS, AND MAY RESTRICT A DISTRICT  ATTORNEY'S  OFFICE'S  ACCESS  TO
 MATERIALS RELATED TO THE SUBJECT MATTER OF AN ACTUAL CASE.
   (C)  THE  LOGIN  CREDENTIALS  ISSUED PURSUANT TO PARAGRAPH (B) OF THIS
 SUBDIVISION SHALL GRANT ACCESS TO ALL ELECTRONIC FILES MAINTAINED IN THE
 DEPARTMENT'S OR AGENCY'S COMPUTER SYSTEMS FOR EVERY CASE BROUGHT TO  THE
 DISTRICT  ATTORNEY'S OFFICE TO INCLUDE, BUT NOT BE LIMITED TO, ALL DOCU-
 MENTS REQUIRED FOR FULL COMPLIANCE WITH THIS ARTICLE.
   (D) ALL DEPARTMENTS AND AGENCIES WITH ONE  HUNDRED  THOUSAND  OR  MORE
 INDIVIDUALS  LIVING IN THE AREA OVER WHICH SUCH DEPARTMENT OR AGENCY HAS
 JURISDICTION SHALL PROVIDE THE RELEVANT DISTRICT  ATTORNEY'S  OFFICE  OR
 OFFICES  WITH  ACCESS  TO  SUCH  COMPUTER  SYSTEMS  WITHIN  THE PHYSICAL
 LOCATION OF SUCH DISTRICT ATTORNEY'S OFFICE OR OFFICES. ALL  DEPARTMENTS
 AND  AGENCIES WITH FEWER THAN ONE HUNDRED THOUSAND INDIVIDUALS LIVING IN
 THE AREA OVER WHICH SUCH DEPARTMENT OR  AGENCY  HAS  JURISDICTION  SHALL
 PROVIDE  THE  RELEVANT DISTRICT ATTORNEY'S OFFICE OR OFFICES WITH ACCESS
 TO SUCH COMPUTER SYSTEMS IN AN EASILY ACCESSIBLE POLICE PRECINCT.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.