BILL NUMBER: S2198

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
were made public, many prospective witnesses would be hesitant to come
forward voluntarily"; "witnesses who appeared before the grand jury
would be less likely to testify fully and frankly"; and "there also
would be the risk that those about to be indicted would flee, or would
try to influence individual grand jurors". Further, "persons who are
accused but exonerated by the grand jury should not be held up to public
ridicule". Burger Court in Douglas Oil Co. of Cal. v. Petrol Stops
Northwest, 441 US 211 (1979).

Currently, district attorney charges to the grand jury are also kept
secret as an extension of the secrecy afforded for the protection of
witnesses, grand jurors and accused individuals. Since the crimes
charged to the grand jury by the district attorney can have a serious
effect on whether or not an individual is indicted, there is an overrid-
ing public interest in understanding the charges that were presented to
the grand jury by the elected district attorney. While the minutes of
the grand jury should remained sealed to maintain the safety of
witnesses and the integrity of the proceeding, no such safety concern
exists for the charges the district attorney chose to present to the
grand jury. This bill provides that once the grand jury has taken final
action in a proceeding, the charges submitted to the grand jury can be
released to the public upon request, with any information that endangers
any individual redacted by the court.

 
PRIOR LEGISLATIVE HISTORY:

A.7697 (2015-16, Codes),

A.3325 (2017-18, Codes)

Introduced to the Senate in 2019 - S.5256 of 2019-2020; Referred to
Codes

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.