Assembly Bill A5600

2019-2020 Legislative Session

Permits corrective remedies for violations of certain discovery rules in criminal proceedings only when substantial rights of the party are affected

download bill text pdf

Sponsored By

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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2019-A5600 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §240.46, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5596
2011-2012: A5116
2013-2014: A6621
2015-2016: A5831
2017-2018: A7356

2019-A5600 (ACTIVE) - Summary

Permits corrective remedies, including but not limited to, preclusion, reversal or modification for violations of certain discovery rules in criminal proceedings only when substantial rights of the party are affected and such remedies shall be available only to the extent to correct prejudice caused by the violation.

2019-A5600 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5600
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2019
                                ___________
 
 Introduced  by  M.  of  A.  MANKTELOW  -- Multi-Sponsored by -- M. of A.
   DeSTEFANO, McDONOUGH -- read once and referred  to  the  Committee  on
   Codes
 
 AN  ACT  to  amend the criminal procedure law, in relation to corrective
   remedies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  criminal  procedure  law  is amended by adding a new
 section 240.46 to read as follows:
 § 240.46 CORRECTIVE REMEDIES.
   A VIOLATION OF SECTION 240.45 WILL ENTITLE A  PARTY  TO  A  CORRECTIVE
 REMEDY  UNDER  SUBDIVISION  ONE  OF  SECTION  240.70 ONLY IF THE PARTY'S
 SUBSTANTIAL RIGHTS ARE AFFECTED, AND ONLY TO THE EXTENT REQUIRED TO CURE
 THE PREJUDICE TO THOSE RIGHTS. A COURT SHALL NOT SET ASIDE A CONVICTION,
 OR REVERSE OR MODIFY A JUDGMENT, ON ACCOUNT OF A  VIOLATION  OF  SECTION
 240.45  UNLESS  THE  DEFENDANT  DEMONSTRATES THAT HIS OR HER SUBSTANTIAL
 RIGHTS ARE AFFECTED.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08943-01-9

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