NY State Senate Bill 2025-S3864A

Current Bill Status - Passed Senate

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2026	delivered to assembly passed senate ordered to third reading cal.1452 committee discharged and committed to rules
May 21, 2026	print number 3864a
May 21, 2026	amend (t) and recommit to judiciary
Jan 07, 2026	referred to judiciary
Mar 11, 2025	reported and committed to finance
Jan 30, 2025	referred to judiciary

Votes

- Mar 11, 2025 - Judiciary Committee Vote
  S3864A
  
  Aye
  
  15
  
  Nay
  
  2
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Judiciary Committee Vote: Mar 11, 2025
      
      aye (15)
      
      Bailey
      
      Cooney
      
      Gounardes
      
      Hoylman-Sigal
      
      Lanza
      
      Liu
      
      Mayer
      
      Myrie
      
      Parker
      
      Ramos
      
      Rhoads
      
      Ryan
      
      Sepúlveda
      
      Skoufis
      
      Stavisky
      
      nay (2)
      
      Martins
      
      O'Mara
      
      aye wr (2)
      
      Canzoneri-Fitzpatrick
      
      Palumbo

Bill Amendments

Original

A (Active)

co-Sponsors

2025-S3864 - Details

See Assembly Version of this Bill:: A4674
Law Section:: Judiciary Law
Laws Affected:: Amd §212, Judy L
Versions Introduced in 2023-2024 Legislative Session:: S9674, A10394

2025-S3864 - Summary

Requires the chief administrator of the courts to submit a report to the legislature and the governor on: an evaluation of the feasibility and benefit of publishing suppression rulings rendered by trial-level criminal courts and/or collection of data regarding such rulings; whether the publication of additional decisions and/or collection of data would improve the practice of law; an evaluation of the means by which such publication and/or collection of data may be effectuated to improve transparency and the public understanding of these courts; an assessment of any further resources that would be necessary to support increased publication or data collection

2025-S3864 - Sponsor Memo

                                 
BILL NUMBER: S3864

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the judiciary law and the criminal procedure law, in
relation to the publication of opinions rendered in criminal causes

 
PURPOSE:

To increase transparency of New York legal decisions in criminal
proceedings.

 
SUMMARY OF PROVISIONS:

  Section  one of the bill provides the short title, the "Criminal Court
Opinion Transparency Act."

  Section two of the bill amends § 212 of the judiciary law  to  require
the  chief  administrator of the courts to collect, compile, and publish
certain statistics and  related  data  online  for  each  criminal  case
resulting  in  an  opinion  subject to reporting under Article 14 of the

judiciary law.

  Section three of the bill amends § 212 of the judiciary law to require
the chief administrator of the courts to create a docketing process  for
opinions  from  the  clerk  of  any  court  to be transmitted to the law
reporting bureau in accordance with § 432 of the judiciary law.

  Section four of the bill amends § 432 of the judiciary law to  author-
ize the chief administrative judge to set up a system (already operating
informally)  by  which  any e-filed opinion is automatically sent to the
law reporting bureau without further burdening the  authoring  judge  or
justice.

  Section  five  of  the bill adds a new § 433-b of the judiciary law to
require the state reporter to publish the following criminal court opin-
ions: motions to suppress evidence or to controvert  a  search  warrant,
motions  to  dismiss charges, omnibus motions, motions to exclude expert
testimony, motions to challenge the validity of a certificate of compli-
ance, and motions to sever. Section five would also require  such  opin-
ions  delivered  from  the  bench  (i.e.  orally) to be excerpted by the
clerks of the court and transmitted to the state reporter  for  publica-
tion.

  Section  six  of  the  bill adds a new § 433-c of the judiciary law to
ensure that all published opinions are properly redacted to preserve the
privacy of parties and witnesses.

  Section seven of the bill amends § 10.40 of the criminal procedure law
to ensure that nothing in this section shall be construed  to  limit  or
qualify the delivery of opinions to the law reporting bureau under Arti-
cle 14 of the judiciary law.

  Section eight of the bill sets the effective date.

 
JUSTIFICATION:


The essence of a fair and transparent legal system lies in public acces-
sibility  to  its proceedings and decisions. This is particularly impor-
tant in criminal courts, where the stakes  include  severe  consequences
such  as loss of liberty and potential deportation. Yet decisions issued
in  New  York's  criminal  courts are rarely publicly available. In this
state, criminal court  judges  effectively  decide  whether  or  not  to
publish  their  decisions  in criminal cases.  According to researchers,
only an estimated 6% of  criminal  court  decisions  are  made  publicly
available  every  year,  leaving thousands of decisions out of reach for
most New Yorkers.

Public access to criminal court decisions is crucial  to  guarantee  the
transparency  and  accountability  of  New York's criminal legal system.
Making more criminal court decisions public ensures that  the  community
comprehends  the  reasoning  and  interpretations  involved  in judicial
outcomes. This level of openness is essential for maintaining the integ-
rity of the justice system and fostering public trust. This is especial-
ly true for decisions that offer  interpretations  of  the  federal  and
state  constitutions,  thus  influencing the evolution of constitutional
law and, consequently, the rights of New Yorkers.

Public access to these decisions is also important to guarantee a  mean-
ingful,  merit-based  assessment  of  judicial  candidates. In New York,
judges are not tenured for life but instead must seek reappointment  and
reelection.   The   process  of  evaluating  judges  for  reappointment,
reelection, or even promotion, is dependent on an understanding of their
decision-making. Full transparency in the publication of  all  decisions
ensures a more comprehensive and objective assessment of a judge's legal
acumen and fidelity to legal principles, enhancing the selection process
for judicial positions.

Moreover, criminal court decisions play a crucial role in shaping attor-
neys'  legal  strategies  and arguments. The absence of public access to
these decisions can lead to an uneven application of laws and impede the
ability of defense attorneys to prepare effective  defenses.  Similarly,
public access to these decisions aid appellate courts and administrative
bodies  in  understanding legal trends and inconsistencies, contributing
to a more informed and equitable judicial process.

By expanding public access to criminal court decisions, this bill stands
as a cornerstone in advancing judicial transparency, enhancing the qual-
ity of New York's criminal legal system, and fostering a  more  informed
and engaged citizenry.

 
LEGISLATIVE HISTORY:

2024:  S9674 (Gianaris) PASSED SENATE / A10394 (Wallace) died in judici-
ary

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred  eightieth  day  after  it
shall  have  become law; provided, however, that the amendments to para-
graph (d) of subdivision 2 of section 10.40 of  the  criminal  procedure
law made by section seven of this act shall not affect the expiration of
such section and shall expire and be deemed repealed therewith.

2025-S3864 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3864
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law and the  criminal  procedure  law,  in
   relation to the publication of opinions rendered in criminal causes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may be cited a the
 "criminal court opinion transparency act".
   § 2. Subdivision 1 of section 212 of the judiciary law is  amended  by
 adding a new paragraph (z) to read as follows:
   (Z)  (I) COLLECT, COMPILE, AND PUBLISH ONLINE THE FOLLOWING STATISTICS
 AND RELATED DATA:
   (A) FOR EACH CRIMINAL CASE RESULTING IN AN OPINION SUBJECT TO PUBLICA-
 TION OR REPORTING UNDER ARTICLE FOURTEEN OF THIS CHAPTER:
   (1) INFORMATION ABOUT THE AGE, GENDER, RACIAL AND ETHNIC BACKGROUND OF
 THE DEFENDANT;
   (2) THE NAME OF THE JUDGE ISSUING THE OPINION;
   (3) THE GENERAL ISSUE OR ISSUES ADDRESSED BY THE OPINION;
   (4) WHERE RELEVANT, FOR EACH ISSUE, WHETHER IT WAS GRANTED, DENIED, OR
 DISPOSED OTHERWISE; AND
   (5) THE DATE AND COURT OF ISSUANCE; AND
   (B) FOR EACH YEAR:
   (1) THE NAMES OF ALL JUDGES PRESIDING IN NEW YORK COURTS;
   (2) THE COURT OR COURTS WHERE SUCH JUDGES PRESIDED, THE TYPES OF CASES
 OVER WHICH SUCH JUDGES HAD PRESIDED;
   (3) THE NUMBER OF SUCH JUDGES' DECISIONS THAT WERE PUBLISHED; AND
   (4) THE NUMBER  OF  SUCH  JUDGES'  WRITTEN  DECISIONS  THAT  WERE  NOT
 PUBLISHED.
   (II)  DATA  REGARDING  DEFENDANT CHARACTERISTICS, SUCH AS AGE, GENDER,
 RACIAL AND ETHNIC BACKGROUND, SHALL BE LIMITED TO THE DATA MAINTAINED BY
 THE OFFICE OF COURT ADMINISTRATION AND THE DIVISION OF CRIMINAL  JUSTICE
 SERVICES,  AND  SHALL  BE  PROVIDED  BY  THEM.  THE  FIRST DATA SHALL BE
 PUBLISHED TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS  PARAGRAPH  AND
 SHALL  INCLUDE  DATA  FROM  THE FIRST TWELVE MONTHS FOLLOWING SUCH DATE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01339-01-5
 S. 3864                             2
 
 NEW DATA SHALL BE PUBLISHED ON A  QUARTERLY  BASIS  IN  MACHINE-READABLE
 TABULAR  FORMAT IN A MANNER THAT PERMITS QUANTITATIVE ANALYSIS. THE DATA
 SHALL BE AVAILABLE FOR BULK DOWNLOAD IN TABULAR FORMAT,  AS  DEFINED  IN
 SUBDIVISION ONE OF SECTION FOUR HUNDRED THIRTY-THREE-B OF THIS CHAPTER.
   §  3.  Paragraph  (u) of subdivision 2 of section 212 of the judiciary
 law is amended by adding a new subparagraph (vii) to read as follows:
   (VII) THE CHIEF ADMINISTRATOR SHALL TAKE SUCH ACTIONS AND  ADOPT  SUCH
 MEASURES  AS  MAY  BE  NECESSARY TO CREATE A PROGRAM BY WHICH THE ACT OF
 DOCKETING AN OPINION BY THE CLERK OF ANY COURT, WHETHER OF RECORD OR NOT
 OF RECORD, SHALL WITHOUT FURTHER INTERVENTION TRANSMIT A  COPY  OF  THAT
 OPINION  TO  THE  LAW  REPORTING  BUREAU IN ACCORDANCE WITH SECTION FOUR
 HUNDRED THIRTY-TWO OF THIS CHAPTER. THE EXPENSES INCURRED IN THE  DEVEL-
 OPMENT  AND IMPLEMENTATION OF SUCH PROGRAM, INCLUDING TRAINING OFFICIALS
 IN THE USE OF SUCH PROGRAM, SHALL BE BORNE BY THE STATE AND NOT  BY  ANY
 MUNICIPALITY.
   §  4.  Section  432 of the judiciary law, as amended by chapter 138 of
 the laws of 1939, is amended to read as follows:
   § 432. Copies of opinions, decisions and papers  to  be  furnished  to
 state  reporter. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "MACHINE-
 READABLE FORMAT" SHALL MEAN DATA OR TEXT PRESENTED IN  A  FORMAT  EASILY
 PROCESSED  BY A COMPUTER WITHOUT HUMAN INTERVENTION AND WHICH ENSURES NO
 LOSS OF SEMANTIC MEANING.
   2. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL IN EVERY CAUSE PROVIDE,
 IN ANY PROGRAM OF ELECTRONIC MEANS THAT HAS BEEN EMPLOYED IN THE  FILING
 AND  SERVICE  OF  PAPERS  IN  ANY  CAUSE,  INCLUDING  BUT NOT LIMITED TO
 PROGRAMS AUTHORIZED BY SECTION 10.40 OF THE CRIMINAL PROCEDURE  LAW  AND
 RULE  TWO  THOUSAND ONE HUNDRED AND ELEVEN OF THE CIVIL PRACTICE LAW AND
 RULES, FOR ALL OPINIONS OF THE COURT FILED ON THE DOCKET IN  SUCH  CAUSE
 TO  BE AUTOMATICALLY TRANSMITTED TO THE STATE REPORTER IN MACHINE-READA-
 BLE FORMAT.
   3. With the exception of court of appeals and appellate division caus-
 es directed not to be reported, as  provided  in  section  four  hundred
 thirty-one of this article, AND CAUSES WHERE THE OPINIONS RENDERED THER-
 EIN  ARE AUTOMATICALLY TRANSMITTED TO THE STATE REPORTER, AS PROVIDED IN
 SUBDIVISION TWO OF THIS SECTION, the  [judges  or  justices]  CLERKS  of
 every  court  of record, including surrogates, shall [promptly] cause to
 be delivered IN MACHINE-READABLE FORMAT, BY  SUCH  MEANS  AS  THE  CHIEF
 ADMINISTRATOR  MAY  PROVIDE  PURSUANT TO SUBPARAGRAPH (VII) OF PARAGRAPH
 (U) OF SECTION TWO HUNDRED TWELVE OF THIS CHAPTER, to the  state  repor-
 ter,  without charge, a copy of every written opinion rendered in causes
 determined therein WITHIN FIVE DAYS OF THE RENDERING OF SUCH OPINION  BY
 THE COURT.
   4.  THE  CLERKS  OF  EACH  CRIMINAL  COURT, AS THAT TERM IS DEFINED IN
 SECTION 10.10 OF THE CRIMINAL PROCEDURE LAW, SHALL PROMPTLY  DELIVER  IN
 MACHINE-READABLE FORMAT TO THE STATE REPORTER, WITHOUT CHARGE, A COPY OF
 THE  PORTIONS OF THE TRANSCRIPT OF A PRE-TRIAL HEARING OR TRIAL PROCEED-
 ING IN A CRIMINAL CAUSE IN WHICH THE COURT SET FORTH ITS REASONS  FOR  A
 RULING  ON  ANY  QUESTION  OF LAW, INCLUDING MIXED QUESTIONS OF FACT AND
 LAW, THAT ARE ENUMERATED IN, BUT NOT LIMITED TO, THE  LIST  OF  OPINIONS
 DESIGNATED  FOR PUBLICATION PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO
 OF SECTION FOUR HUNDRED THIRTY-THREE-B OF THIS  ARTICLE;  PROVIDED  THAT
 ORAL RULINGS CONCERNING PRETRIAL DETENTION DETERMINATION AT ARRAIGNMENT,
 THE  IMPOSITION OF A SENTENCE, AND RULING ON ORAL EVIDENTIARY OBJECTIONS
 MADE DURING A TRIAL OR IN RESPONSE TO TESTIMONY IN A HEARING  SHALL  NOT
 BE SO DELIVERED.
 S. 3864                             3
 
   5.  THE  CHIEF  ADMINISTRATOR OF THE COURTS SHALL PROVIDE FOR MEANS BY
 WHICH THE CLERKS OF TOWN AND VILLAGE COURTS MAY TRANSMIT  TO  THE  STATE
 REPORTER A COPY OF EVERY OPINION RENDERED IN A CRIMINAL CAUSE THEREIN AT
 THE  SAME  TIME  AS  SUCH  OPINIONS  ARE  RENDERED OR DOCKETED, THAT ARE
 ENUMERATED  IN,  BUT NOT LIMITED TO, THE LIST OF OPINIONS DESIGNATED FOR
 PUBLICATION PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION FOUR
 HUNDRED THIRTY-THREE-B OF THIS ARTICLE.  THE  EXPENSES  OF  THIS  SYSTEM
 SHALL  BE  BORNE BY THE STATE. UPON PROVISION OF THIS SYSTEM, THE CLERKS
 OF TOWN AND VILLAGE COURTS SHALL TRANSMIT IN MACHINE-READABLE FORMAT  TO
 THE  STATE REPORTER A COPY OF EVERY OPINION RENDERED IN A CRIMINAL CAUSE
 THEREIN WITHIN FIVE DAYS OF THE RENDERING OF  SUCH  AN  OPINION  BY  THE
 COURT.
   6.  THE  PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CRIMINAL CAUSES
 TERMINATED IN FAVOR OF THE DEFENDANT PURSUANT TO  SUBDIVISION  THREE  OF
 SECTION 160.50 OF THE CRIMINAL PROCEDURE LAW.
   7.  The [judges or justices] CLERKS of the court of appeals and of the
 appellate divisions and the appellate terms of the supreme court  shall,
 in  addition,  cause  to  be  delivered  to  the state reporter, without
 charge, a list of all  decisions  rendered  by  the  respective  courts,
 together with copies of such points of counsel and records and papers on
 appeal, if practicable, as the state reporter may require.
   §  5.  The  judiciary  law is amended by adding a new section 433-b to
 read as follows:
   § 433-B. PUBLICATION OF UNREPORTED OPINIONS. 1. FOR  THE  PURPOSES  OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "BULK  DOWNLOAD"  SHALL  MEAN  THE EFFICIENT RETRIEVAL OF A LARGE
 VOLUME OF DATA FROM A SOURCE, TYPICALLY A DATABASE, IN A  SINGLE  OPERA-
 TION.
   (B)  "MACHINE-READABLE  FORMAT" SHALL MEAN DATA OR TEXT PRESENTED IN A
 FORMAT EASILY PROCESSED BY A COMPUTER  WITHOUT  HUMAN  INTERVENTION  AND
 WHICH ENSURES NO LOSS OF SEMANTIC MEANING.
   (C) "ONLINE ELECTRONIC DATABASE" SHALL MEAN A FREE AND PUBLICLY ACCES-
 SIBLE WEBSITE HOSTED ON THE LAW REPORTING BUREAU'S OFFICIAL WEBSITE THAT
 OFFERS BOTH BASIC AND ADVANCED OPINION SEARCH FUNCTIONALITIES, INCLUDING
 BUT  NOT  LIMITED  TO  SEARCHES  OF OPINIONS BY THE ISSUING JUDGE, PARTY
 NAME, DATE RANGE, COURT OF ISSUANCE, AND  KEYWORDS  WITHIN  THE  OPINION
 TEXT,  IDENTIFIES  EACH REPORTED CAUSE BY A UNIQUE CITATION, AND PERMITS
 BULK DOWNLOAD OF ITS CONTENTS FOR FREE IN TABULAR  AND  MACHINE-READABLE
 FORMAT.
   (D) "TABULAR FORMAT" SHALL MEAN A SYSTEMATIC ORGANIZATION OF DATA INTO
 ROWS AND COLUMNS FOR EASY INTERPRETATION, INCLUDING BUT NOT LIMITED TO A
 SPREADSHEET OR CSV FILE.
   (E)  "UNREPORTED  OPINIONS" SHALL MEAN ALL OPINIONS TRANSMITTED TO THE
 LAW REPORTING BUREAU PURSUANT TO SECTION FOUR HUNDRED THIRTY-TWO OF THIS
 ARTICLE, INCLUDING TRANSCRIPTS OF ORAL RULINGS NOT REPORTED PURSUANT  TO
 SECTION FOUR HUNDRED THIRTY-ONE OF THIS ARTICLE.
   2.  (A)  (I) THE STATE REPORTER SHALL PUBLISH, AT A MINIMUM, ALL OPIN-
 IONS IN CRIMINAL CAUSES THAT ARE NOT SELECTED FOR REPORTING PURSUANT  TO
 SECTION  FOUR  HUNDRED THIRTY-ONE OF THIS ARTICLE AND THAT DECIDE ON ANY
 OF THE FOLLOWING LEGAL ISSUES RAISED IN A PRE-TRIAL MOTION:
   (A) A MOTION TO SUPPRESS EVIDENCE OR TO CONTROVERT A SEARCH WARRANT.
   (B) A MOTION TO DISMISS INDIVIDUAL CHARGES,  OR  THE  ENTIRETY  OF  AN
 ACCUSATORY INSTRUMENT, AS DEFINED BY SECTIONS 100.05, 200.10, AND 200.15
 OF THE CRIMINAL PROCEDURE LAW.
   (C) AN OMNIBUS MOTION FILED PURSUANT TO SECTION 255.20 OF THE CRIMINAL
 PROCEDURE LAW.
 S. 3864                             4
 
   (D) A MOTION TO EXCLUDE EXPERT TESTIMONY.
   (E) A MOTION TO CHALLENGE THE VALIDITY OF A CERTIFICATE OF COMPLIANCE,
 AS DEFINED BY SECTION 245.50 OF THE CRIMINAL PROCEDURE LAW.
   (F)  A  MOTION TO SEVER MADE PURSUANT TO SECTIONS 200.20 AND 200.40 OF
 THE CRIMINAL PROCEDURE LAW.
   (II) THE STATE REPORTER MAY PUBLISH ADDITIONAL OPINIONS  BEYOND  THOSE
 REQUIRED  TO BE PUBLISHED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH
 FOR THE PURPOSE OF ENHANCING LEGAL TRANSPARENCY AND PUBLIC UNDERSTANDING
 OF CRIMINAL JURISPRUDENCE.
   (B) THE STATE REPORTER SHALL PUBLISH OPINIONS PURSUANT TO THIS SECTION
 IN AN ONLINE ELECTRONIC DATABASE NO LATER THAN SEVEN BUSINESS DAYS AFTER
 RECEIPT OF SUCH OPINIONS. THE  STATE  REPORTER  MAY  INCLUDE  HEADNOTES,
 TABLES,  OR  INDICES  IN ANY OPINION PUBLISHED PURSUANT TO THIS SUBDIVI-
 SION.
   (C) THE STATE REPORTER MAY PUBLISH IN AN  ONLINE  ELECTRONIC  DATABASE
 ANY OPINION IN A CIVIL CAUSE.
   3.  THE  PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CRIMINAL CAUSES
 TERMINATED IN FAVOR OF THE DEFENDANT PURSUANT TO  SUBDIVISION  THREE  OF
 SECTION 160.50 OF THE CRIMINAL PROCEDURE LAW.
   §  6.  The  judiciary  law is amended by adding a new section 433-c to
 read as follows:
   § 433-C. REDACTION OF PERSONAL IDENTIFYING INFORMATION OF PARTIES  AND
 WITNESSES.  THE STATE REPORTER SHALL PUBLISH OR REPORT OPINIONS PURSUANT
 TO THIS ARTICLE ONLY AFTER ENSURING THAT SUCH OPINIONS HAVE BEEN REDACT-
 ED TO PRESERVE THE PRIVACY INTERESTS OF  PARTIES  TO  THE  CASE  TO  THE
 EXTENT REQUIRED BY LAW, IN ACCORDANCE WITH RULES AND REGULATIONS PROMUL-
 GATED  BY THE CHIEF ADMINISTRATOR OF THE COURTS WITH THE APPROVAL OF THE
 ADMINISTRATIVE BOARD. THE RULES AND REGULATIONS PROMULGATED BY THE CHIEF
 ADMINISTRATOR SHALL INCORPORATE ALL PREEXISTING  REQUIREMENTS  IN  STATE
 AND  FEDERAL  LAW THAT WOULD REQUIRE THE NON-PUBLICATION OR REDACTION OF
 PRIVATE INFORMATION IN JUDICIAL OPINIONS, INCLUDING BUT NOT  LIMITED  TO
 PROTECTION  OF  THE  PRIVACY  INTERESTS  OF DEFENDANTS AND WITNESSES, AS
 DEFINED BY SUBDIVISION ONE OF SECTION 640.10 OF THE  CRIMINAL  PROCEDURE
 LAW.  THE  GUIDELINES  SHALL ESTABLISH THE DUTY OF THE STATE REPORTER TO
 ENSURE THAT SUCH DEFENDANTS AND WITNESSES ARE EXCLUSIVELY REFERRED TO BY
 THEIR INITIALS IN ALL CRIMINAL CAUSES REPORTED OR PUBLISHED PURSUANT  TO
 SECTION  FOUR HUNDRED THIRTY-ONE AND PARAGRAPH (A) OF SUBDIVISION TWO OF
 SECTION FOUR HUNDRED THIRTY-THREE-B OF THIS ARTICLE, INCLUDING, BUT  NOT
 LIMITED TO, IN THE TITLE OF THE PUBLISHED DOCUMENT. THE GUIDELINES SHALL
 FURTHER  REQUIRE THE REDACTION OF ALL ADDRESSES AND OTHER PERSONAL IDEN-
 TIFYING INFORMATION OF ALL SUCH DEFENDANTS AND WITNESSES. THE GUIDELINES
 SHALL FURTHER PROVIDE THAT THE STATE REPORTER MAY NOT REDACT  THE  NAMES
 OF  POLICE  OFFICERS AND PEACE OFFICERS, AS DEFINED BY SUBDIVISION THIR-
 TY-FOUR OF SECTION 1.20 AND SECTION 2.10 OF THE CRIMINAL PROCEDURE  LAW,
 WHEN  DESCRIBED IN THEIR PROFESSIONAL CAPACITY AS WITNESSES, OR INDIVID-
 UALS QUALIFIED OR PROFESSED AS EXPERT WITNESSES BY  ANY  PARTY,  TO  THE
 EXTENT THAT SUCH NAMES APPEAR IN AN OPINION.
   §  7.  Paragraph (e) of subdivision 2 of section 10.40 of the criminal
 procedure law is amended by adding a new subparagraph (iv)  to  read  as
 follows:
   (IV) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS TO LIMIT OR QUALIFY
 THE  DELIVERY  OF  OPINIONS TO THE LAW REPORTING BUREAU AND REPORTING OR
 PUBLICATION THEREOF PURSUANT TO ARTICLE FOURTEEN OF THE JUDICIARY LAW.
   § 8. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

2025-S3864A (ACTIVE) - Details

See Assembly Version of this Bill:: A4674
Law Section:: Judiciary Law
Laws Affected:: Amd §212, Judy L
Versions Introduced in 2023-2024 Legislative Session:: S9674, A10394

2025-S3864A (ACTIVE) - Summary

2025-S3864A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3864AREVISED 5/22/26

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to the publication of
opinions rendered in criminal causes

 
PURPOSE OR GENERAL IDEA OF BILL:

To increase transparency of New York legal decisions in criminal
proceedings by reporting on the feasibility, costs, and implementation
options for publishing trial-level criminal court decisions and
suppression decisions specifically.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 212 of the judiciary law to
require the Chief Administrator of the Courts to submit a report to the
Governor and Legislature by January 15, 2027, evaluating whether
publishing additional trial-level criminal court decisions and collect-
ing more court data would improve the practice of law and public under-

standing of criminal courts. The report would also have to assess the
resources needed to support expanded publication or data collection
efforts and include recommendations for legislative and administrative
actions that should be taken.

Section two of the bill sets forth the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION

This version narrows the bill from a broad statewide mandatory case
publication requirement to a reporting requirement directing the court
system to evaluate the feasibility and resource needs associated with
publishing trial-level criminal court suppression rulings, to collect
related data, and to submit findings and recommendations to the Governor
and Legislature.

 
JUSTIFICATION:

Public access to criminal court decisions is a basic part of an account-
able legal system. The purpose of this bill is to determine how New York
can make meaningful publication happen in a fair, practical, and cost-
effective way.

Research indicates that most trial-level criminal court decisions in New
York are not publicly available: only an estimated 0.5% to 6% of written
criminal court decisions are published, leaving the vast majority
unavailable to the public. The Office of Court Administration has sepa-
rately estimated that the original, broader publication legislation
could involve approximately 180,000 decisions each year.

This bill responds to that gap by requiring the Office of Court Adminis-
tration to report on the feasibility, costs, and implementation options
for publishing a high-value category of decisions: suppression rulings.

Suppression rulings are where trial judges decide what the Constitution
means in everyday encounters between police and the public. These
constitutional rulings decide whether police may search a home, stop a
person on the street, pull someone from a car, interrogate a suspect,
rely on a warrant, controvert a warrant, or use evidence seized during
an arrest. In practical terms, they define what police are allowed to do
in real cases.

The Legislature believes that public access to these rulings would help
lawyers, judges, lawmakers, reporters, researchers, and the public
understand how criminal law is actually being applied across New York.
It would also help identify differences across counties and courts,
improve the practice of law, and support informed public oversight of
the courts.

The bill asks the Office of Court Administration to evaluate publication
of suppression rulings because that category is both important and like-
ly a small portion of all criminal court decisions.  The Legislature
expects the report to identify the real volume of suppression rulings
and provides a clear estimate of the resources needed to publish them.

The report should also address both written and oral suppression
rulings. Some suppression rulings are issued in writing; others are
delivered orally from the bench. A useful report should account for
both. The Legislature expects the report to identify how many
suppression rulings are written, how many are oral, and what practical
options exist for publishing oral rulings, such as publishing tran-
scripts or mandating all these decisions be made in writing.

The Legislature also expects the report to address both administrative
and legislative paths to publication, including where statutory changes
would be beneficial for setting standards and where administrative
action is needed to allow for flexibility regarding changing technolo-
gies.

The original, broader legislation included important privacy protections
for public opinions, acknowledging the implementation of the Clean Slate
Act. The report should address privacy with equal attention.

The report should include cost and feasibility assessments for both
suppression-only publication and for wider publication of trial-level
criminal court decisions. Those assessments should explain the basis for
any projected costs and distinguish one-time implementation costs from
recurring annual costs. These assessments should also address the need
for any staffing recommendations, if any. Finally, the report should
also estimate the cost of requiring that suppression decisions be made
in writing.

The bill was drafted in consultation with the Unified Court System.

 
PRIOR LEGISLATIVE HISTORY:

2025: S3864 (Gianaris), reported, committed to finance / A4674
(Burdick), referred to judiciary

2024: S9674 (Gianaris), PASSED SENATE / A10394 (Wallace), referred to
judiciary

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.
 
EFFECTIVE DATE:
This act shall take effect 180 days after it becomes law.

2025-S3864A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3864--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary  --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the judiciary law, in relation  to  the  publication  of
   opinions rendered in criminal causes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "criminal court opinion transparency act".
   §  2.  Subdivision 1 of section 212 of the judiciary law is amended by
 adding a new paragraph (gg) to read as follows:
   (GG) SUBMIT TO THE LEGISLATURE AND THE GOVERNOR A REPORT ON OR  BEFORE
 THE  FIFTEENTH DAY OF JANUARY, TWO THOUSAND TWENTY-SEVEN, INCLUDING: (1)
 AN EVALUATION OF THE FEASIBILITY AND BENEFIT OF  PUBLISHING  SUPPRESSION
 RULINGS  RENDERED  BY  TRIAL-LEVEL  CRIMINAL COURTS AND/OR COLLECTION OF
 DATA REGARDING SUCH RULINGS; (2) WHETHER THE PUBLICATION  OF  ADDITIONAL
 DECISIONS  AND/OR  COLLECTION OF DATA WOULD IMPROVE THE PRACTICE OF LAW;
 (3) AN  EVALUATION  OF  THE  MEANS  BY  WHICH  SUCH  PUBLICATION  AND/OR
 COLLECTION  OF  DATA  MAY BE EFFECTUATED TO IMPROVE TRANSPARENCY AND THE
 PUBLIC UNDERSTANDING OF SUCH COURTS; (4) AN ASSESSMENT  OF  ANY  FURTHER
 RESOURCES  THAT  WOULD  BE NECESSARY TO SUPPORT INCREASED PUBLICATION OR
 DATA COLLECTION;  AND  (5)  RECOMMENDATIONS  REGARDING  LEGISLATION  AND
 ADMINISTRATIVE MEASURES THAT COULD BE TAKEN.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01339-09-6

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2025-S3864 - Bill Text download pdf

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Sponsored By

Michael Gianaris

Current Bill Status - Passed Senate

Actions

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co-Sponsors

Brad Hoylman-Sigal

2025-S3864 - Details

2025-S3864 - Summary

2025-S3864 - Sponsor Memo

2025-S3864 - Bill Text download pdf

co-Sponsors

Brad Hoylman-Sigal

2025-S3864A (ACTIVE) - Details

2025-S3864A (ACTIVE) - Summary

2025-S3864A (ACTIVE) - Sponsor Memo

2025-S3864A (ACTIVE) - Bill Text download pdf

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