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Senate Bill S9758

2025-2026 Legislative Session

Relates to the introduction and use of business records in grand jury proceedings

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Sponsored By

Current Bill Status - In Senate Committee Rules Committee

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2025-S9758 (ACTIVE) - Details

See Assembly Version of this Bill:
A7896
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.30, CP L

2025-S9758 (ACTIVE) - Summary

Provides that any writing or record made as a memorandum or record of any act, transaction, occurrence or event, may be received in 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.

2025-S9758 (ACTIVE) - Sponsor Memo

2025-S9758 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9758
 
                             I N  S E N A T E
 
                               April 3, 2026
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10861-05-6
 S. 9758                             2

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