Assembly Bill A10046

2015-2016 Legislative Session

Relates to establishing guidelines for DAs with regard to electronic conversion of certain records, books or papers in the care or custody of DAs that are more than 10 years old

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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

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2015-A10046 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd ยง89, Judy L
Versions Introduced in Other Legislative Sessions:
2017-2018: A1968
2019-2020: A2650
2021-2022: A5297
2023-2024: A2502

2015-A10046 (ACTIVE) - Summary

Relates to establishing guidelines for DAs with regard to electronic conversion of certain records, books or papers in the care or custody of DAs that are more than 10 years old.

2015-A10046 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10046

                          I N  A S S E M B L Y

                               May 6, 2016
                               ___________

Introduced by M. of A. CROUCH -- read once and referred to the Committee
  on Judiciary

AN  ACT to amend the judiciary law, establishing guidelines for district
  attorneys with regard to electronic conversions  of  certain  records,
  books or papers in the care, custody or control of the district attor-
  ney which are more than ten years old

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 89 of the judiciary law is amended by adding a  new
subdivision 3 to read as follows:
  3.  NOTWITHSTANDING  AN  OTHER  PROVISIONS OF LAW, THE JUSTICES OF THE
APPELLATE DIVISION OF THE SUPREME COURT IN EACH JUDICIAL DEPARTMENT  MAY
ON  APPLICATION  OF THE DISTRICT ATTORNEY OF ANY COUNTY WITHIN ITS JUDI-
CIAL DEPARTMENT, DIRECT, BY ORDER, THAT THE DISTRICT ATTORNEY MAY  ELEC-
TRONICALLY  FILE, WHETHER BY ELECTRONIC SCAN OR MICROFICHE, ANY RECORDS,
BOOKS OR PAPERS IN THE CARE, CUSTODY OR CONTROL OF THE DISTRICT ATTORNEY
WHICH ARE MORE THAN TEN YEARS OLD, WHETHER CURRENTLY IN USE OR NOT,  THE
ELECTRONIC  FILING OF WHICH IN THE OPINION OF THE JUSTICES OF THE APPEL-
LATE DIVISION WOULD SERVE NO LEGAL, PRACTICAL OR USEFUL PURPOSE,  EXCEPT
ANY  RECORDS,  BOOKS  OR  PAPERS  RELATED TO A HOMICIDE CASE, AS DEFINED
UNDER SECTION 125.00 OF THE PENAL LAW, WHETHER CURRENTLY IN USE OR  NOT,
AS  WELL  AS  ANY PERMANENT RECORDS OF CRIMINAL CASES, PRINTED AND BOUND
VOLUMES OF CASES ON APPEAL AND ORIGINAL INDICTMENTS. THE JUSTICES OF THE
APPELLATE DIVISION AS A CONDITION OF SUCH DISPOSITION  MAY  REQUIRE  THE
WRITTEN  CONSENT  OF  ANY  STATE OR LOCAL DEPARTMENT OR AGENCY HAVING AN
INTEREST IN SUCH RECORDS, BOOKS OR PAPERS.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15255-01-6

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