Senate Bill S8707

2017-2018 Legislative Session

Establishes new criminal discovery rules; repealer

download bill text pdf

Sponsored By

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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2017-S8707 (ACTIVE) - Details

See Assembly Version of this Bill:
A4360
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld Art 240, add Art 245 §§245.10 - 245.85, amd §§610.20, 65.20, 200.95, 255.10, 255.20, 340.30, 400.27 & 440.30, CP L; amd §§450.10, 460.80 & 480.10, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6907
2013-2014: A3667
2015-2016: A2924
2019-2020: S1716, A1431

2017-S8707 (ACTIVE) - Summary

Establishes new criminal discovery rules; amends cross references.

2017-S8707 (ACTIVE) - Sponsor Memo

2017-S8707 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8707
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 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  and  the  penal  law,  in
   relation  to  establishing new criminal discovery rules; and to repeal
   article 240 of the criminal procedure law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 240 of the criminal procedure law is REPEALED.
   § 2. The criminal procedure law is amended by adding a new article 245
 to read as follows:
                                ARTICLE 245
                                 DISCOVERY
 SECTION 245.10 TIMING OF DISCOVERY.
         245.20 AUTOMATIC DISCOVERY.
         245.25 DISCLOSURE PRIOR TO GUILTY PLEA DEADLINE.
         245.30 COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY.
         245.35 COURT ORDERED PROCEDURES TO FACILITATE COMPLIANCE.
         245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
         245.45 DNA COMPARISON ORDER.
         245.50 CERTIFICATES OF COMPLIANCE.
         245.55 FLOW OF INFORMATION.
         245.60 CONTINUING DUTY TO DISCLOSE.
         245.65 WORK PRODUCT.
         245.70 PROTECTIVE ORDERS.
         245.75 WAIVER OF DISCOVERY BY DEFENDANT.
         245.80 REMEDIES OR SANCTIONS FOR NON-COMPLIANCE.
         245.85 ADMISSIBILITY OF DISCOVERY.
 § 245.10 TIMING OF DISCOVERY.
   1. PROSECUTION'S PERFORMANCE OF OBLIGATIONS. (A) THE PROSECUTION SHALL
 PERFORM  ITS  INITIAL    DISCOVERY  OBLIGATIONS UNDER SUBDIVISION ONE OF
 SECTION 245.20 OF THIS ARTICLE AS SOON AS   PRACTICABLE  BUT  NOT  LATER
 THAN  FIFTEEN  CALENDAR  DAYS  AFTER  THE  DEFENDANT'S ARRAIGNMENT ON AN
 INDICTMENT, SUPERIOR COURT INFORMATION, PROSECUTOR'S INFORMATION, INFOR-
 MATION, OR SIMPLIFIED INFORMATION. PORTIONS OF MATERIALS CLAIMED  TO  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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