S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5164
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M. of A. MOSLEY, HEASTIE, GOTTFRIED, GANTT, COOK, PERRY,
   PRETLOW, DINOWITZ, LIFTON, L. ROSENTHAL,  CRESPO,  WEPRIN,  RODRIGUEZ,
   KIM,  PICHARDO,  WALKER,  BARRON,  SEAWRIGHT,  JOYNER, BLAKE, HYNDMAN,
   JAFFEE, JEAN-PIERRE -- read once and  referred  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05605-01-9
              

 A. 5164                             2
 
 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
   (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.

 A. 5164                             3
 
   (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.