Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to codes |
Jan 15, 2015 |
referred to codes |
Senate Bill S1828
2015-2016 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
2015-S1828 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3462
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §190.25, CP L; amd §215.70, Pen L
- Versions Introduced in 2017-2018 Legislative Session:
-
A7323
2015-S1828 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1828 TITLE OF BILL: An act to amend the criminal procedure law and the penal law, in relation to the disclosure of information attending grand jury proceedings PURPOSE OR GENERAL IDEA OF BILL: To allow district attorneys, in the interest of justice and with proper redaction, to disclose the nature or substance of any grand jury testimony, evidence, or any decision, result or other matter attending a grand jury proceeding based on a valid written request. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends criminal procedure law section 190.25(4) by allowing district attorneys to disclose the nature or substance of grand jury testimony, evidence, or any decision, result or other matter attending a grand jury proceeding based on a valid written request. District attorneys could only do so in the interest of justice and upon a valid written request. They would also be required to redact the names of the grand jurors, the names of any witnesses appearing before the grand jury, any evidence that may imperil the health or safety of any grand juror or witness appearing before the grand jury, any evidence that may identify any grand juror or witness appearing before the grand jury, any information that could impact any current or ongoing
2015-S1828 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1828 2015-2016 Regular Sessions I N S E N A T E January 15, 2015 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law and the penal law, in relation to the disclosure of information attending 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 4 of section 190.25 of the criminal procedure law, as amended by chapter 677 of the laws of 1985, is amended and a new paragraph (c) is added to read as follows: (a) Grand jury proceedings are secret, and no grand juror, or other person, EXCEPT THE DISTRICT ATTORNEY, specified in subdivision three of this section or section 215.70 of the penal law, may, except in the lawful discharge of his OR HER duties or upon written 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 independent- ly examined by the district attorney, members of his OR HER staff, police officers specifically assigned to the investigation, and such other persons as the court may specifically authorize. [Such evidence may not be disclosed to other persons without a court order.] THE DISTRICT ATTORNEY MAY DISCLOSE THE NATURE OR SUBSTANCE OF ANY GRAND JURY TESTIMONY, EVIDENCE, OR ANY DECISION, RESULT OR OTHER MATTER ATTENDING A GRAND JURY PROCEEDING IN THE INTEREST OF JUSTICE BASED ON A VALID WRIT- TEN REQUEST. Nothing contained herein shall prohibit a witness from disclosing his OR HER own testimony. (C) WHEN A DISTRICT ATTORNEY DISCLOSES THE NATURE OR SUBSTANCE OF ANY GRAND JURY TESTIMONY, EVIDENCE, OR ANY DECISION, RESULT OR OTHER MATTER ATTENDING A GRAND JURY PROCEEDING, HE OR SHE SHALL REDACT THE NAMES OF THE GRAND JURORS, THE NAMES OF ANY WITNESSES APPEARING BEFORE THE GRAND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08046-01-5
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