Assembly Bill A5297

2021-2022 Legislative Session

Establishes guidelines for DAs with regard to electronic conversion of certain records, books or papers in the care or custody of DAs that are more than ten years old

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2021-A5297 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §89, Judy L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10046
2017-2018: A1968
2019-2020: A2650
2023-2024: A2502

2021-A5297 (ACTIVE) - Summary

Relates to establishing guidelines for DAs with regard to electronic conversion of certain records, books or papers in the care or custody of DAs that are more than 10 years old.

2021-A5297 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5297
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT to amend the judiciary law, establishing guidelines for district
   attorneys with regard to electronic conversions  of  certain  records,
   books or papers in the care, custody or control of the district attor-
   ney which are more than ten years old

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 89 of the judiciary law is amended by adding a  new
 subdivision 3 to read as follows:
   3.  NOTWITHSTANDING  AN  OTHER  PROVISIONS OF LAW, THE JUSTICES OF THE
 APPELLATE DIVISION OF THE SUPREME COURT IN EACH JUDICIAL DEPARTMENT  MAY
 ON  APPLICATION  OF THE DISTRICT ATTORNEY OF ANY COUNTY WITHIN ITS JUDI-
 CIAL DEPARTMENT, DIRECT, BY ORDER, THAT THE DISTRICT ATTORNEY MAY  ELEC-
 TRONICALLY  FILE, WHETHER BY ELECTRONIC SCAN OR MICROFICHE, ANY RECORDS,
 BOOKS OR PAPERS IN THE CARE, CUSTODY OR CONTROL OF THE DISTRICT ATTORNEY
 WHICH ARE MORE THAN TEN YEARS OLD, WHETHER CURRENTLY IN USE OR NOT,  THE
 ELECTRONIC  FILING OF WHICH IN THE OPINION OF THE JUSTICES OF THE APPEL-
 LATE DIVISION WOULD SERVE NO LEGAL, PRACTICAL OR USEFUL PURPOSE,  EXCEPT
 ANY  RECORDS,  BOOKS  OR  PAPERS  RELATED TO A HOMICIDE CASE, AS DEFINED
 UNDER SECTION 125.00 OF THE PENAL LAW, WHETHER CURRENTLY IN USE OR  NOT,
 AS  WELL  AS  ANY PERMANENT RECORDS OF CRIMINAL CASES, PRINTED AND BOUND
 VOLUMES OF CASES ON APPEAL AND ORIGINAL INDICTMENTS. THE JUSTICES OF THE
 APPELLATE DIVISION AS A CONDITION OF SUCH DISPOSITION  MAY  REQUIRE  THE
 WRITTEN  CONSENT  OF  ANY  STATE OR LOCAL DEPARTMENT OR AGENCY HAVING AN
 INTEREST IN SUCH RECORDS, BOOKS OR PAPERS.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09132-01-1

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