Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2020 |
referred to codes |
Apr 18, 2019 |
referred to codes |
Senate Bill S5256
2019-2020 Legislative Session
Sponsored By
(D) 32nd Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2019-S5256 (ACTIVE) - Details
2019-S5256 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5256 SPONSOR: SEPULVEDA TITLE OF BILL: An act to amend the criminal procedure law, in relation to public release of grand jury documents PURPOSE OR GENERAL IDEA OF BILL: To release the district attorney's grand jury charges to the public upon request once the grand jury has reached a final decision. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends Criminal Procedure Law 190.25(6)by adding a new para- graph (b) authorizing the release of grand jury charges. Section 2 provides an effective date. JUSTIFICATION: Grand jury proceedings are secret because "if preindictment proceedings
2019-S5256 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5256 2019-2020 Regular Sessions I N S E N A T E April 18, 2019 ___________ Introduced by Sen. 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 public release of grand jury documents THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 190.25 of the criminal procedure law is amended to read as follows: 6. (A) The legal advisors of the grand jury are the court and the district attorney, and the grand jury may not seek or receive legal advice from any other source. Where necessary or appropriate, the court or the district attorney, or both, must instruct the grand jury concern- ing the law with respect to its duties or any matter before it, and such instructions must be recorded in the minutes. (B) NOTWITHSTANDING PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION OR ANY OTHER LAW TO THE CONTRARY, AT ANY TIME FOLLOWING FINAL ACTION BY THE GRAND JURY ON ANY CHARGE OR CHARGES, THE COURT SHALL MAKE SUCH LEGAL INSTRUCTIONS AND CHARGES SUBMITTED TO THE GRAND JURY AVAILABLE TO THE PUBLIC ON REQUEST, PROVIDED THAT THE NAMES OF WITNESSES AND ANY INFORMA- TION THAT WOULD IDENTIFY SUCH WITNESSES INCLUDED IN SUCH LEGAL INSTRUCTIONS SHALL BE REDACTED WHEN THE COURT DETERMINES, IN A WRITTEN ORDER, THAT THERE IS A REASONABLE LIKELIHOOD THAT PUBLIC RELEASE OF SUCH INFORMATION WOULD ENDANGER ANY INDIVIDUAL. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02939-01-9
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