Senate Bill S2550

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2550
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2025
                                ___________
 
 Introduced  by  Sens. MYRIE, BAILEY, BRISPORT, GOUNARDES, HOYLMAN-SIGAL,
   JACKSON, RAMOS, SEPULVEDA -- read twice and ordered printed, and  when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to providing for
   the release of certain grand jury proceeding materials on the basis of
   enduring historical importance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 4 of  section  190.25  of  the
 criminal  procedure  law, as amended by chapter 677 of the laws of 1985,
 is amended to read as follows:
   (a) [Grand] (I) EXCEPT  AS  OTHERWISE  PROVIDED  BY  LAW,  GRAND  jury
 proceedings are secret, and no grand juror, or other person specified in
 subdivision  three  of  this section or section 215.70 of the penal law,
 may, except in the lawful discharge of [his] THEIR duties or upon  writ-
 ten  order  of  the court, disclose the nature or substance of any grand
 jury testimony, evidence,  or  any  decision,  result  or  other  matter
 attending  a  grand  jury  proceeding.  For the purpose of assisting the
 grand jury in conducting its investigation, evidence obtained by a grand
 jury may be independently examined by the district attorney, members  of
 [his] THEIR staff, police officers specifically assigned to the investi-
 gation,  and such other persons as the court may specifically authorize.
 Such evidence may not be disclosed to  other  persons  without  a  court
 order.   Nothing contained herein shall prohibit a witness from disclos-
 ing [his] THEIR own testimony.
   (II) IN PROCEEDINGS WHERE A GRAND JURY IS IMPANELED TO HEAR AND  EXAM-
 INE  EVIDENCE  CONCERNING OFFENSES,  MISCONDUCT, NONFEASANCE AND NEGLECT
 BY A PUBLIC OFFICER OR EMPLOYEE,   WHETHER  CRIMINAL  OR  OTHERWISE,  IN
 WHICH  A  CHARGE THAT A DESIGNATED PERSON COMMITTED A CRIME IS DISMISSED
 PURSUANT TO SUBDIVISION ONE OF  SECTION  190.75  OF  THIS  ARTICLE    OR
 CONCLUDED WITHOUT AN INDICTMENT, ANY PERSON MAY FILE A WRITTEN  PETITION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02045-02-5
              

 S. 2550                             2
 
 SEEKING THE RELEASE OF MATERIAL CONCERNING OR RELATED TO SUCH GRAND JURY
 PROCEEDING, INCLUDING BUT NOT LIMITED TO TRANSCRIPTS, REPORTS, EXHIBITS,
 AND  MATERIAL  OF  ANY  NATURE OR SUBSTANCE OF ANY GRAND JURY TESTIMONY,
 EVIDENCE  OR  ANY  DECISION,  RESULT  OR ANY OTHER MATTER WHICH OCCURRED
 DURING A GRAND JURY PROCEEDING UPON THE  BASIS  OF  ENDURING  HISTORICAL
 IMPORTANCE.    ENDURING  HISTORICAL  IMPORTANCE SHALL INCLUDE GRAND JURY
 RECORDS FORTY YEARS OLD  OR  OLDER  AND  THERE  SHALL  BE  A  REBUTTABLE
 PRESUMPTION  OF  THE  HISTORICAL  IMPORTANCE OF SUCH RECORDS PURSUANT TO
 THIS SUBPARAGRAPH.   FOR THE PURPOSES OF  THIS  SUBPARAGRAPH,  "ENDURING
 HISTORICAL  IMPORTANCE"  SHALL  MEAN  A MATTER WHERE THE RELEASE OF SUCH
 GRAND JURY INFORMATION WOULD ENHANCE THE EXISTING  HISTORICAL    RECORD,
 FOSTER  FURTHER  SCHOLARLY  DISCUSSION, AND IMPROVE THE PUBLIC'S  UNDER-
 STANDING OF A SIGNIFICANT HISTORICAL EVENT.  IN ALL SUCH CASES,  UPON  A
 FINDING  OF  ENDURING  HISTORICAL IMPORTANCE, A COURT SHALL RELEASE SUCH
 GRAND JURY RECORDS IN A MANNER AND FORM AS DETERMINED BY THE COURT.
   § 2.  This act shall take effect immediately and shall apply  to  such
 records created before, on or after such date.