NY State Senate Bill 2019-S2185

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 08, 2020	referred to codes
Jan 23, 2019	referred to codes

co-Sponsors

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2019-S2185 (ACTIVE) - Details

See Assembly Version of this Bill:: A5164
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §190.25, CP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5424, A9787
2021-2022: S3314, A5845
2023-2024: S963, A3177

2019-S2185 (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.

2019-S2185 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2185

SPONSOR: BAILEY
 
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 Crimi-
nal 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 indict-
ment 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 serv-
ants 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 oppo-
sition 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 empa-
neled 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 indict-
ment 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 circum-
stances 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:

2017-18: S5424 - Referred to Codes

 
FISCAL IMPLICATIONS:

The bill would have minimal additional costs.

 
EFFECTIVE DATE:
The bill takes effect in thirty days.

2019-S2185 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2185
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced by Sens. BAILEY, BENJAMIN, COMRIE, HOYLMAN, MONTGOMERY, PARK-
   ER,  SEPULVEDA  -- 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05605-01-9

 S. 2185                             2
 
   (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.
   (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.

 S. 2185                             3
 
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S2185

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2019-S2185 (ACTIVE) - Details

2019-S2185 (ACTIVE) - Summary

2019-S2185 (ACTIVE) - Sponsor Memo

2019-S2185 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2185

Share this bill

Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Brian Benjamin

Leroy Comrie

Brad Hoylman-Sigal

Velmanette Montgomery

2019-S2185 (ACTIVE) - Details

2019-S2185 (ACTIVE) - Summary

2019-S2185 (ACTIVE) - Sponsor Memo

2019-S2185 (ACTIVE) - Bill Text download pdf

Comments