Assembly Bill A9054

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9054
 
                           I N  A S S E M B L Y
 
                             January 10, 2020
                                ___________
 
 Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to extending the
   time period in which the prosecution shall perform its discovery obli-
   gations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraphs (a) and (b) of subdivision 1 of section 245.10
 of the criminal procedure law, as added by section  2  of  part  LLL  of
 chapter 59 of the laws of 2019, are amended to read as follows:
   (a)  The  prosecution  shall perform its initial discovery obligations
 under subdivision one of section 245.20 of this article as soon as prac-
 ticable but not later than [fifteen]  NINETY  calendar  days  after  the
 defendant's  arraignment  on  an indictment, superior court information,
 prosecutor's information, information, simplified information, misdemea-
 nor complaint or felony complaint. Portions of materials claimed  to  be
 non-discoverable  may  be withheld pending a determination and ruling of
 the court under section 245.70 of this article; but the defendant  shall
 be  notified  in writing that information has not been disclosed under a
 particular subdivision of such section, and the discoverable portions of
 such materials shall be disclosed to the extent  practicable.  When  the
 discoverable  materials  are  exceptionally voluminous or, despite dili-
 gent, good faith efforts, are otherwise not in the actual possession  of
 the  prosecution,  the time period in this paragraph may be stayed by up
 to an additional thirty calendar days without need for a motion pursuant
 to subdivision two of section 245.70 of this article.
   (b) The prosecution shall perform  its  supplemental  discovery  obli-
 gations  under  subdivision  three  of section 245.20 of this article as
 soon as practicable but not later than [fifteen]  NINETY  calendar  days
 prior to the first scheduled trial date.
   §  2. Paragraphs (g) and (s) of subdivision 1 of section 245.20 of the
 criminal procedure law, as added by section 2 of part LLL of chapter  59
 of the laws of 2019, are amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14642-02-0

 A. 9054                             2
 
   (g) All tapes or other electronic recordings, including all electronic
 recordings  of  911  telephone calls made or received in connection with
 the alleged criminal incident, and a designation by the prosecutor as to
 which of the recordings under this paragraph the prosecution intends  to
 introduce at trial or a pre-trial hearing. If the discoverable materials
 under  this  paragraph exceed ten hours in total length, the prosecution
 may disclose only the recordings that it intends to introduce  at  trial
 or  a pre-trial hearing, along with a list of the source and approximate
 quantity of other recordings and their general subject matter if  known,
 and the defendant shall have the right upon request to obtain recordings
 not  previously  disclosed. The prosecution shall disclose the requested
 materials as soon as practicable and  not  less  than  [fifteen]  NINETY
 calendar days after the defendant's request, unless an order is obtained
 pursuant to section 245.70 of this article.
   (s) In any prosecution alleging a violation of the vehicle and traffic
 law, where the defendant is charged by indictment, superior court infor-
 mation,  prosecutor's  information,  information, or simplified informa-
 tion, all records of calibration, certification, inspection,  repair  or
 maintenance  of  machines and instruments utilized to perform any scien-
 tific tests and experiments, including but not limited to any test of  a
 person's  breath,  blood,  urine or saliva, for the period of six months
 prior and six months  after  such  test  was  conducted,  including  the
 records of gas chromatography related to the certification of all refer-
 ence  standards  and  the certification certificate, if any, held by the
 operator of the machine or  instrument.  The  time  period  required  by
 subdivision one of section 245.10 of this article shall not apply to the
 disclosure of records created six months after a test was conducted, but
 such  disclosure  shall be made as soon as practicable and in any event,
 the earlier of [fifteen] NINETY days following receipt, or fifteen  days
 before the first scheduled trial date.
   § 3. This act shall take effect immediately.