NY State Senate Bill 2017-S5424

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Mar 27, 2017	referred to codes

co-Sponsors

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2017-S5424 (ACTIVE) - Details

See Assembly Version of this Bill:: A9787
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §190.25, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2185, A5164
2021-2022: S3314, A5845
2023-2024: S963, A3177

2017-S5424 (ACTIVE) - Summary

Provides that in grand jury proceedings when following submission to a grand jury of a criminal charge or charges, the grand jury dismisses all charges presented or directs the district attorney to dismiss all charges or directs the DA to file in a local criminal court an application for disclosure of certain materials; authorizes the court to limit disclosure of certain items where there is a reasonable likelihood that such disclosure may lead to the identity of a witness who is not a public servant or expert witness; makes related provisions.

2017-S5424 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5424

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to grand jury proceedings

 PURPOSE OR GENERAL IDEA OF BILL :

The bill is designed to increase transparency and facilitate
additional involvement of the court in grand jury proceedings.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one would amend subdivision two of section 190.25 of the
Criminal Procedure Law to assure that, as a part of carrying out his
or her duties under law, a judge of the superior court is authorized
to be present in the grand jury room, except during deliberations and
voting by the grand jury.

Section two would make information and records concerning certain
grand jury proceedings more readily available to the public. In
proceedings involving any defendant, when the grand jury does not
bring an indictment for a felony charge, the following information
would be available for release: the criminal charges submitted, legal
instructions given to the grand jury, testimony of expert witnesses,
testimony of public servants who testified in an official capacity,
and the testimony of other witnesses (redacted as necessary to prevent

discovery of their names and personal data or information that may
reveal identity).

Both the district attorney and the person against whom charges were
presented would be able to appear and be heard in support of or
opposition to any application for release of such information and
records.

Additionally the court will consider whether disclosure would reveal
the identities of witnesses, imperil the health or safety of a grand
juror or witness, jeopardize a current or future criminal
investigation, create a threat to public safety, or if it is not in
the interests of justice.

In the event that the court determines disclosure in whole or in part
is not appropriate, it will issue a written order.

 JUSTIFICATION :

This legislation is designed to foster public confidence in the
judicial system in several ways. First, in all cases, it expressly
authorizes the presence of a superior court judge in the grand jury
room, except during deliberations and voting. Under existing law, the
grand jury is empaneled by the superior court and "constitutes a part
of such court." The judge, along with the district attorney, serves as
legal advisor to the grand jury. Thus it is appropriate that the judge
be among the persons authorized by CPL § 190.25 (3) to be in the grand
jury room.

Second, this bill will enhance public trust in our grand jury process
by granting the court the authority to disclose grand jury material
when it serves the public interest. Currently when an indictment
occurs, public charges are filed and the public generally learns the
specific charges and, as the matter unfolds, further details. However,
when no indictment occurs, all information about the proceedings
remains secret, unless released under limited circumstances. This lack
of information and closed process often leaves individuals distrustful
of the system and skeptical of its fairness. This bill functions to
create circumstances where disclosure is warranted because the public

is already aware of the grand jury proceedings and the identity of the
suspect, and has an interest in the disclosure.

 PRIOR LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

The bill would have minimal additional costs.

 EFFECTIVE DATE :
The bill takes effect in thirty days.

2017-S5424 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5424
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2017
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  grand  jury
   proceedings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Paragraph (d) of subdivision 3 of section  190.25  of  the
 criminal  procedure law is amended and a new paragraph (a-1) is added to
 read as follows:
   (A-1) A JUDGE OR JUSTICE OF THE SUPERIOR COURT;
   (d) An interpreter. Upon request of the grand jury OR THE  COURT,  the
 prosecutor must provide an interpreter to interpret the testimony of any
 witness who does not speak the English language well enough to be readi-
 ly  understood.  Such  interpreter must, if he OR SHE has not previously
 taken the constitutional oath of office, first take an oath  before  the
 grand jury that he OR SHE will faithfully interpret the testimony of the
 witness  and  that  he  OR  SHE will keep secret all matters before such
 grand jury within his OR HER knowledge;
   § 2. Subdivision 4 of section 190.25 of the criminal procedure law  is
 amended  by adding six new paragraphs (c), (d), (e), (f), (g) and (h) to
 read as follows:
   (C) IN ADDITION TO PARAGRAPHS (A) AND (B) OF THIS  SUBDIVISION,  WHEN,
 FOLLOWING  SUBMISSION  TO  A GRAND JURY OF A CRIMINAL CHARGE OR CHARGES,
 THE GRAND JURY DISMISSES ALL CHARGES PRESENTED OR DIRECTS  THE  DISTRICT
 ATTORNEY  TO  FILE  IN A LOCAL CRIMINAL COURT A PROSECUTOR'S INFORMATION
 CHARGING AN OFFENSE OTHER THAN A FELONY, AS PROVIDED IN SUBDIVISION  ONE
 OF  SECTION  190.70  OF  THIS ARTICLE, AN APPLICATION MAY BE MADE TO THE
 SUPERIOR COURT FOR DISCLOSURE OF THE FOLLOWING MATERIAL RELATING TO  THE
 PROCEEDINGS BEFORE SUCH GRAND JURY:
   (I) THE CRIMINAL CHARGE OR CHARGES SUBMITTED;
   (II) THE LEGAL INSTRUCTIONS PROVIDED TO THE GRAND JURY;
   (III)  THE  TESTIMONY OF ALL PUBLIC SERVANTS WHO TESTIFIED IN AN OFFI-
 CIAL CAPACITY BEFORE THE GRAND JURY AND  OF  ALL  PERSONS  WHO  PROVIDED
 EXPERT TESTIMONY; AND

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09605-02-7

 S. 5424                             2
 
   (IV) THE TESTIMONY OF ALL OTHER PERSONS WHO TESTIFIED BEFORE THE GRAND
 JURY, REDACTED AS NECESSARY TO PREVENT DISCOVERY OF THEIR NAMES AND SUCH
 OTHER  PERSONAL  DATA  OR  INFORMATION THAT MAY REVEAL OR HELP TO REVEAL
 THEIR IDENTITIES.
   (D) THE APPLICATION SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION MAY
 BE  MADE BY ANY PERSON, MUST BE IN WRITING AND, EXCEPT WHERE MADE BY THE
 PEOPLE, MUST BE UPON NOTICE TO THE PEOPLE. THE  COURT  SHALL  DIRECT  OR
 PROVIDE  NOTICE  TO  ANY  OTHER APPROPRIATE PERSON OR AGENCY. WHERE MORE
 THAN ONE APPLICATION IS MADE HEREUNDER IN RELATION TO SUCH  A  DISMISSAL
 OR  DIRECTION, THE COURT MAY CONSOLIDATE SUCH APPLICATIONS AND DETERMINE
 THEM TOGETHER. WHEN NO APPLICATION HEREUNDER IS MADE, THE SUPERIOR COURT
 MAY ORDER DISCLOSURE ON ITS OWN MOTION AS PROVIDED IN PARAGRAPH  (E)  OF
 THIS  SUBDIVISION  AT  ANY  TIME  FOLLOWING  NOTICE TO THE PEOPLE AND AN
 OPPORTUNITY TO BE HEARD AND REASONABLE EFFORTS TO NOTIFY AND PROVIDE  AN
 OPPORTUNITY TO BE HEARD TO ANY OTHER APPROPRIATE PERSON OR AGENCY.
   (E)  UPON AN APPLICATION AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVI-
 SION OR ON THE COURT'S OWN MOTION, THE COURT,  AFTER  PROVIDING  PERSONS
 GIVEN NOTICE AN OPPORTUNITY TO BE HEARD, SHALL DETERMINE WHETHER:
   (I) A SIGNIFICANT NUMBER OF MEMBERS OF THE GENERAL PUBLIC IN THE COUN-
 TY IN WHICH THE GRAND JURY WAS DRAWN AND IMPANELED ARE LIKELY AWARE THAT
 A  CRIMINAL  INVESTIGATION  HAD  BEEN  CONDUCTED  IN CONNECTION WITH THE
 SUBJECT MATTER OF THE GRAND JURY PROCEEDING; AND
   (II) A SIGNIFICANT NUMBER OF MEMBERS OF THE  GENERAL  PUBLIC  IN  SUCH
 COUNTY  ARE LIKELY AWARE OF THE IDENTITY OF THE SUBJECT AGAINST WHOM THE
 CRIMINAL CHARGE SPECIFIED IN  PARAGRAPH  (C)  OF  THIS  SUBDIVISION  WAS
 SUBMITTED TO A GRAND JURY, OR SUCH SUBJECT HAS CONSENTED TO SUCH DISCLO-
 SURE; AND
   (III) THERE IS SIGNIFICANT PUBLIC INTEREST IN DISCLOSURE.
   WHERE THE COURT IS SATISFIED THAT ALL THREE OF THESE FACTORS ARE PRES-
 ENT,  AND  EXCEPT  AS PROVIDED IN PARAGRAPH (F) OF THIS SUBDIVISION, THE
 COURT SHALL DIRECT THE DISTRICT ATTORNEY TO PROMPTLY DISCLOSE THE  ITEMS
 SPECIFIED IN PARAGRAPH (C) OF THIS SUBDIVISION.
   (F)  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  THIS SUBDIVISION, ON
 APPLICATION OF THE DISTRICT ATTORNEY OR ANY INTERESTED PERSON, OR ON ITS
 OWN MOTION, THE COURT SHALL LIMIT DISCLOSURE OF THE ITEMS  SPECIFIED  IN
 PARAGRAPH  (C)  OF  THIS  SUBDIVISION, IN WHOLE OR PART, WHERE THE COURT
 DETERMINES THERE IS A REASONABLE LIKELIHOOD  THAT  SUCH  DISCLOSURE  MAY
 LEAD TO DISCOVERY OF THE IDENTITY OF A WITNESS WHO IS NOT A PUBLIC SERV-
 ANT OR EXPERT WITNESS, IMPERIL THE HEALTH OR SAFETY OF A GRAND JUROR WHO
 PARTICIPATED  IN  THE  PROCEEDING  OR  A WITNESS WHO APPEARED BEFORE THE
 GRAND JURY, JEOPARDIZE AN IDENTIFIED CURRENT OR FUTURE CRIMINAL INVESTI-
 GATION, CREATE A SPECIFIC THREAT TO PUBLIC SAFETY, OR DESPITE THE INTER-
 ESTS REFLECTED BY THIS SUBDIVISION  IS  CONTRARY  TO  THE  INTERESTS  OF
 JUSTICE.
   (G)  WHERE A COURT DETERMINES NOT TO DIRECT DISCLOSURE, IN WHOLE OR IN
 PART, PURSUANT TO THIS SUBDIVISION, IT SHALL DO SO PROMPTLY IN A WRITTEN
 ORDER THAT SHALL EXPLAIN WITH SPECIFICITY, TO  THE  EXTENT  PRACTICABLE,
 THE BASIS FOR ITS DETERMINATION.
   (H)  NOTHING IN THIS PARAGRAPH OR PARAGRAPHS (C), (D), (E), (F) OR (G)
 OF THIS SUBDIVISION SHALL BE INTERPRETED AS LIMITING OR RESTRICTING  ANY
 BROADER  RIGHT  OF  ACCESS  TO GRAND JURY MATERIALS UNDER ANY OTHER LAW,
 COMMON LAW OR COURT PRECEDENT.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S5424

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2017-S5424 (ACTIVE) - Details

2017-S5424 (ACTIVE) - Summary

2017-S5424 (ACTIVE) - Sponsor Memo

2017-S5424 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5424

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2017-S5424 (ACTIVE) - Details

2017-S5424 (ACTIVE) - Summary

2017-S5424 (ACTIVE) - Sponsor Memo

2017-S5424 (ACTIVE) - Bill Text download pdf

Comments