Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 03, 2014 |
referred to codes |
Assembly Bill A8669
2013-2014 Legislative Session
Sponsored By
TITONE
Archive: Last Bill Status - In Assembly Committee
- 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
Actions
co-Sponsors
Richard Gottfried
Phil Steck
Michael Montesano
multi-Sponsors
Karim Camara
Vivian Cook
Crystal Peoples-Stokes
N. Nick Perry
2013-A8669 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add ยง240.25, CP L
2013-A8669 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8669 I N A S S E M B L Y February 3, 2014 ___________ Introduced by M. of A. TITONE -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to mandating prosecutorial disclosure of exculpatory evidence THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The criminal procedure law is amended by adding a new section 240.25 to read as follows: S 240.25 DISCOVERY; PROSECUTION'S DUTY TO DISCLOSE EXCULPATORY EVIDENCE. 1. IN ADDITION TO THE REQUIREMENTS OF SECTION 240.20 OF THIS ARTICLE, THE PROSECUTION SHALL DISCLOSE TO THE DEFENDANT AND MAKE AVAILABLE FOR INSPECTION, PHOTOGRAPHIC, COPYING OR TESTING, THE FOLLOWING PROPERTY WITHIN TWENTY DAYS AFTER RECEIPT OF A WRITTEN DEMAND MADE BY THE DEFEND- ANT: (A) ANY AND ALL EXCULPATORY MATERIALS THEN IN THE POSSESSION OF THE PROSECUTION OR ANY BRANCH OF LAW ENFORCEMENT INVOLVED IN THE PROSECUTION OF THE DEFENDANT, OR EXCULPATORY MATERIALS WHICH MAY COME INTO THE POSSESSION OF THE PROSECUTION OR ANY BRANCH OF LAW ENFORCEMENT INVOLVED IN THE PROSECUTION OF THE DEFENDANT THROUGH THE EXERCISE OF DUE DILI- GENCE PURSUANT TO SECTION 240.60 OF THIS ARTICLE; (B) EVIDENCE WHICH DISPROVES THE IDENTITY OF THE DEFENDANT AS THE PERPETRATOR OF THE CRIME AT ISSUE IN THE CRIMINAL ACTION OR PROCEEDING PENDING AGAINST THE DEFENDANT; (C) EVIDENCE WHICH TENDS TO DISPROVE AN ELEMENT OF ANY CRIME CHARGED IN SUCH ACTION OR PROCEEDING; (D) EVIDENCE WHICH CONSTITUTES A PRIOR REPRESENTATION OF A WITNESS ACCOUNT WHICH VARIES IN ANY DEGREE FROM ANY STATEMENTS OF THE WITNESS, WHENEVER MADE, WITH REGARD TO A DESCRIPTION OF THE EVENTS SURROUNDING THE CRIME AT ISSUE IN SUCH ACTION OR PROCEEDING; (E) EVIDENCE THAT A WITNESS HAS A PRIOR CRIMINAL HISTORY; (F) EVIDENCE THAT A WITNESS HAS ENGAGED IN ACTS WHICH WOULD BEAR UPON HIS OR HER CREDIBILITY AND THE INTEGRITY OF HIS OR HER TESTIMONY; OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08247-01-3
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