Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2019 |
recommit, enacting clause stricken |
Jan 09, 2019 |
referred to codes |
Senate Bill S43
2019-2020 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - Stricken
- 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
Actions
2019-S43 (ACTIVE) - Details
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §240.40, CP L
- Versions Introduced in 2017-2018 Legislative Session:
-
S6847
2019-S43 (ACTIVE) - Sponsor Memo
BILL NUMBER: S43 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the criminal procedure law, in relation to discovery PURPOSE: To strengthen the ability of a court to order disclosure by the prose- cution of relevant property that is shown to be material to preparation of the defense, whether or not the prosecution intends to introduce the property at trial. Removing the latter restriction will effectuate the transmission of information potentially favorable to the defense, a constitutional duty often frustrated by inconsistent interpretations of the obligation, non-compliance, or belated disclosure. SUMMARY OF PROVISIONS: Section 1 of the bill amends 240.40 of the criminal procedure law to allow a court to order disclosure by the prosecution of relevant proper- ty that is shown to be material to preparation of the defense, whether
2019-S43 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 43 2019-2020 Regular Sessions I N S E N A T E (PREFILED) January 9, 2019 ___________ Introduced by Sen. HOYLMAN -- 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 discovery THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 1 of section 240.40 of the criminal procedure law, as amended by chapter 19 of the laws of 2012, is amended to read as follows: (c) may order discovery with respect to any other property[, which the people intend to introduce at the trial,] upon a showing by the defend- ant that discovery with respect to such property is material to the preparation of his or her defense, and that the request is reasonable; and § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04153-01-9
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.