S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7623
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CUSICK -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  defendant's
   right to a supporting deposition
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 100.25 of the  criminal  procedure
 law, as amended by chapter 67 of the laws of 1996, is amended to read as
 follows:
   2.  [A] UNLESS DELIVERED TO THE DEFENDANT WITH THE SIMPLIFIED INFORMA-
 TION, A defendant charged by a simplified information is, upon a  timely
 request,  entitled as a matter of right to have filed with the court and
 served upon him OR HER, or if he OR SHE is represented by  an  attorney,
 upon  his  OR  HER  attorney, a supporting deposition of the complainant
 police officer or public servant, containing allegations of fact,  based
 either upon personal knowledge or upon information and belief, providing
 reasonable  cause to believe that the defendant committed the offense or
 offenses charged. To be timely, such a request must, except as otherwise
 provided herein and in subdivision three of this section, be made before
 entry of a plea of guilty to the charge specified and  before  commence-
 ment  of  a trial thereon, but not later than thirty days after the date
 the defendant is directed to appear in court as such date  appears  upon
 the  simplified information and upon the appearance ticket issued pursu-
 ant thereto. If the defendant's request is  mailed  to  the  court,  the
 request  must  be  mailed within such thirty day period. [Upon] UNLESS A
 SUPPORTING DEPOSITION WAS DELIVERED TO THE DEFENDANT WITH THE SIMPLIFIED
 INFORMATION AND THEREAFTER FILED WITH THE COURT, UPON  such  a  request,
 the court must order the complainant police officer or public servant to
 serve  a copy of such supporting deposition upon the defendant or his OR
 HER attorney, within thirty days of the date such request is received by
 the court, or at least five days before trial, whichever is earlier, and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10362-01-1

 A. 7623                             2
 
 to file such supporting deposition with the court together with proof of
 service thereof.  THE FILING OF A SIMPLIFIED INFORMATION INDICATING THAT
 A SUPPORTING DEPOSITION WAS PROVIDED  WITH  THE  SIMPLIFIED  INFORMATION
 SHALL  BE  PRIMA  FACIE  PROOF THAT THE SUPPORTING DEPOSITION WAS SERVED
 UPON THE DEFENDANT WITH THE SIMPLIFIED INFORMATION. Notwithstanding  any
 provision  to  the  contrary,  where a defendant is issued an appearance
 ticket in conjunction with the offense charged in the simplified  infor-
 mation  and the appearance ticket fails to conform with the requirements
 of subdivision two of section 150.10, a request is timely when made  not
 later  than  thirty  days after (a) entry of the defendant's plea of not
 guilty when he or she has been  arraigned  in  person,  or  (b)  written
 notice  to  the  defendant  of  his or her right to receive a supporting
 deposition when a plea of not guilty has been submitted by mail.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law and shall apply to  all
 simplified informations issued on or after such effective date.