Senate Bill S5256

2019-2020 Legislative Session

Relates to the public release of grand jury documents

download bill text pdf

Sponsored By

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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2019-S5256 (ACTIVE) - Details

See Assembly Version of this Bill:
A2522
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §190.25, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7697
2017-2018: A3325
2021-2022: S2198, A809
2023-2024: S741, A3259

2019-S5256 (ACTIVE) - Summary

Relates to the public release of grand jury documents; releases the district attorney's grand jury charges to the public upon request once the grand jury has reached a final decision.

2019-S5256 (ACTIVE) - Sponsor Memo

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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