NY State Senate Bill 2021-S316A

Senate Bill S316A

2021-2022 Legislative Session

Relates to providing for the release of certain grand jury proceeding materials on the basis of enduring historical importance

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jun 02, 2021	print number 316a
Jun 02, 2021	amend and recommit to codes
Jan 06, 2021	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2021-S316 - Details

See Assembly Version of this Bill:: A6542
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §190.25, CP L
Versions Introduced in 2023-2024 Legislative Session:: S2334, A2113

2021-S316 - Summary

Allows a person to petition the court for grand jury proceeding materials on the basis of enduring historical importance.

2021-S316 - Sponsor Memo

                                
 
BILL NUMBER: S316

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to providing for
the release of certain grand jury proceeding materials on the basis of
enduring historical importance

 
PURPOSE:

Creates an exception to the secrecy of grand jury proceedings by provid-
ing that any person may petition for the release of records of grand
jury proceedings on the ground of enduring historical importance.

 
SUMMARY OF PROVISIONS:

Section 1: Amends paragraph (a) of subdivision 4 of Criminal Procedure
Law *190.25 by adding subparagraph (i), which creates an exception to
the secrecy of grand jury proceedings. Adds a new subparagraph (ii),
which allows any person to petition for the release of grand jury

records that are of enduring historical significance. Subparagraph (ii)
creates a rebuttable presumption of enduring historical significance as
that term is defined in subparagraph (ii). Upon a finding of enduring
historical significance, a court shall release such grand jury records
in a manner and form as determined by the court. Section 2 provides that
the act takes effect immediately.

 
JUSTIFICATION:

"One might well wonder why it has taken forty-five years for a compre-
hensive history of the Attica Prison uprising of 1971 to be written."
Thompson, Heather Ann, Blood in the Water, 2016. "The answer is simple:
the most important details of this story have been deliberately kept
from the public. Literally thousands of boxes of documents related to
these events are sealed or next to impossible to access." (Introduction,
xiii).

By any measure, the Attica uprising was one of the most historic events
in our nation's history. It seized the attention of the entire world
nearly half a century ago, and its effects on our criminal legal system
can still be felt today. For too long, however, the uprising and subse-
quent actions by the state of New York have been shrouded in secrecy.
The governor's office and agencies under his control hid the scope of
brutality visited upon correction officers and the incarcerated during
and after the "taking" of the prison by New York State Troopers. This
deception and brutality deserves the disinfectant of sunlight and this
bill will allow the people of this state to shed that light.

By using the "enduring historical significance" standard to access grand
jury records, this act would still adhere to the rationales of grand
jury secrecy ( prevention of flight by a defendant; protection of the
grand jurors from interference; prevention of subornation of perjury and
tampering with perspective witnesses; protection of an innocent accused
from unfounded accusations if, in fact, no indictment is returned; and
assurance to prospective witnesses that their testimony will be kept
secret so that they will be willing to testify freely). It would also
preserve the court's discretion by providing that the release of such

records be accomplished "in a manner and form as determined by the
court."

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S316 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    316
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. MYRIE, BAILEY, KAMINSKY, SEPULVEDA, HOYLMAN -- 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 providing for
   the release of certain grand jury proceeding materials on the basis of
   enduring historical importance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 4 of  section  190.25  of  the
 criminal  procedure  law, as amended by chapter 677 of the laws of 1985,
 is amended to read as follows:
   (a) [Grand] (I) EXCEPT  AS  OTHERWISE  PROVIDED  BY  LAW,  GRAND  jury
 proceedings are secret, and no grand juror, or other person specified in
 subdivision  three  of  this section or section 215.70 of the penal law,
 may, except in the lawful discharge of his duties or upon written  order
 of  the court, disclose the nature or substance of any grand jury testi-
 mony, evidence, or any decision, result  or  other  matter  attending  a
 grand  jury  proceeding.  For the purpose of assisting the grand jury in
 conducting its investigation, evidence obtained by a grand jury  may  be
 independently  examined  by the district attorney, members of his staff,
 police officers specifically assigned to  the  investigation,  and  such
 other persons as the court may specifically authorize. Such evidence may
 not  be  disclosed  to  other  persons  without a court order.   Nothing
 contained herein shall prohibit a witness from disclosing his own testi-
 mony.
   (II) IN PROCEEDINGS WHERE A GRAND JURY IS IMPANELED TO HEAR AND  EXAM-
 INE  EVIDENCE  CONCERNING OFFENSES,  MISCONDUCT, NONFEASANCE AND NEGLECT
 BY A PUBLIC OFFICER OR EMPLOYEE,   WHETHER  CRIMINAL  OR  OTHERWISE,  IN
 WHICH  A  CHARGE THAT A DESIGNATED PERSON COMMITTED A CRIME IS DISMISSED
 PURSUANT TO SUBDIVISION ONE OF  SECTION  190.75  OF  THIS  ARTICLE    OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02424-01-1

 S. 316                              2
 
 CONCLUDED WITHOUT AN INDICTMENT, ANY PERSON MAY FILE A WRITTEN  PETITION
 SEEKING  THE RELEASE OF MATERIAL CONCERNING OR RELATED TO THE GRAND JURY
 PROCEEDING, INCLUDING BUT NOT LIMITED TO TRANSCRIPTS, REPORTS, EXHIBITS,
 OR  MATERIAL  OF  ANY  NATURE  OR SUBSTANCE OF ANY GRAND JURY TESTIMONY,
 EVIDENCE OR ANY DECISION, RESULT OR  ANY  OTHER  MATTER  WHICH  OCCURRED
 DURING  A  GRAND  JURY  PROCEEDING UPON THE BASIS OF ENDURING HISTORICAL
 IMPORTANCE.   ENDURING  HISTORICAL  IMPORTANCE  SHALL  BE  A  REBUTTABLE
 PRESUMPTION IN CASES WHERE A PETITIONER IS SEEKING RELEASE OF GRAND JURY
 RECORDS  FIFTY  YEARS  OR  OLDER ON THE BASIS OF A PROCEEDING'S ENDURING
 HISTORICAL IMPORTANCE.   FOR THE PURPOSES OF  THIS  PARAGRAPH  THE  TERM
 "ENDURING  HISTORICAL  IMPORTANCE" SHALL MEAN A MATTER WHERE THE RELEASE
 OF A  GRAND  JURY  PROCEEDING  WOULD  ENHANCE  THE  EXISTING  HISTORICAL
 RECORD,  FOSTER  FURTHER  SCHOLARLY DISCUSSION, AND IMPROVE THE PUBLIC'S
 UNDERSTANDING OF A SIGNIFICANT HISTORICAL EVENT.   IN  ALL  SUCH  CASES,
 UPON  A  FINDING OF ENDURING HISTORICAL IMPORTANCE A COURT SHALL RELEASE
 SUCH GRAND JURY RECORDS IN A MANNER AND FORM AS DETERMINED BY THE COURT.
   § 2.  This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S316A (ACTIVE) - Details

See Assembly Version of this Bill:: A6542
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §190.25, CP L
Versions Introduced in 2023-2024 Legislative Session:: S2334, A2113

2021-S316A (ACTIVE) - Summary

Allows a person to petition the court for grand jury proceeding materials on the basis of enduring historical importance.

2021-S316A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S316A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to providing for
the release of certain grand jury proceeding materials on the basis of
enduring historical importance

 
PURPOSE:

Creates an exception to the secrecy of grand jury proceedings by provid-
ing that any person may petition for the release of records of grand
jury proceedings on the ground of enduring historical importance.

 
SUMMARY OF PROVISIONS:

Section 1: Amends paragraph (a) of subdivision 4 of Criminal Procedure
Law *190.25 by adding subparagraph (i), which creates an exception to
the secrecy of grand jury proceedings. Adds a new subparagraph (ii),
which allows any person to petition for the release of grand jury

records that are of enduring historical significance. Subparagraph (ii)
creates a rebuttable presumption of enduring historical significance as
that term is defined in subparagraph (ii). Upon a finding of enduring
historical significance, a court shall release such grand jury records
in a manner and form as determined by the court. Section 2 provides that
the act takes effect immediately and shall apply to such records created
before, on, or after such date.

 
JUSTIFICATION:

"One might well wonder why it has taken forty-five years for a compre-
hensive history of the Attica Prison uprising of 1971 to be written."
Thompson, Heather Ann, Blood in the Water, 2016.."The answer is simple:
the most important details of this story have been deliberately kept
from the public. Literally thousands of boxes of documents related to
these events are sealed or next to impossible to access." (Introduction,
xiii).

By any measure, the Attica uprising was one of the most historic events
in our nation's history. It seized the attention of the entire world
nearly half a century ago, and its effects on our criminal legal system
can still be felt today. For too long, however, the uprising and subse-
quent actions by the state of New York have been shrouded in secrecy.
The governor's office and agencies under his control hid the scope of
brutality visited upon correction officers and the incarcerated during
and after the "taking" of the prison by New York State Troopers. This
deception and brutality deserves the disinfectant of sunlight and this
bill will allow the people of this state to shed that light.

By using the "enduring historical significance" standard to access grand
jury records, this act would still adhere to the rationales of grand
jury secrecy ( prevention of flight by a defendant; protection of the
grand jurors from interference; prevention of subornation of perjury and
tampering with perspective witnesses; protection of an innocent accused
from unfounded accusations if, in fact, no indictment is returned; and
assurance to prospective witnesses that their testimony will be kept
secret so that they will be willing to testify freely). It would also
preserve the court's discretion by providing that the release of such
records be accomplished "in a manner and form as determined by the
court."

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
I his act shall take effect immediately and shall apply to such records
created before. on or alter such date.

2021-S316A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  316--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. MYRIE, BAILEY, KAMINSKY, SEPULVEDA, HOYLMAN, BIAGGI,
   BRISPORT, GOUNARDES, JACKSON, RAMOS -- read twice and ordered printed,
   and  when printed to be committed to the Committee on Codes -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN ACT to amend the criminal procedure law, in relation to providing for
   the release of certain grand jury proceeding materials on the basis of
   enduring historical importance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 4 of  section  190.25  of  the
 criminal  procedure  law, as amended by chapter 677 of the laws of 1985,
 is amended to read as follows:
   (a) [Grand] (I) EXCEPT  AS  OTHERWISE  PROVIDED  BY  LAW,  GRAND  jury
 proceedings are secret, and no grand juror, or other person specified in
 subdivision  three  of  this section or section 215.70 of the penal law,
 may, except in the lawful discharge of his duties or upon written  order
 of  the court, disclose the nature or substance of any grand jury testi-
 mony, evidence, or any decision, result  or  other  matter  attending  a
 grand  jury  proceeding.  For the purpose of assisting the grand jury in
 conducting its investigation, evidence obtained by a grand jury  may  be
 independently  examined  by the district attorney, members of his staff,
 police officers specifically assigned to  the  investigation,  and  such
 other persons as the court may specifically authorize. Such evidence may
 not  be  disclosed  to  other  persons  without a court order.   Nothing
 contained herein shall prohibit a witness from disclosing his own testi-
 mony.
   (II) IN PROCEEDINGS WHERE A GRAND JURY IS IMPANELED TO HEAR AND  EXAM-
 INE  EVIDENCE  CONCERNING OFFENSES,  MISCONDUCT, NONFEASANCE AND NEGLECT
 BY A PUBLIC OFFICER OR EMPLOYEE,   WHETHER  CRIMINAL  OR  OTHERWISE,  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02424-03-1

 S. 316--A                           2
 
 WHICH  A  CHARGE THAT A DESIGNATED PERSON COMMITTED A CRIME IS DISMISSED
 PURSUANT TO SUBDIVISION ONE OF  SECTION  190.75  OF  THIS  ARTICLE    OR
 CONCLUDED WITHOUT AN INDICTMENT, ANY PERSON MAY FILE A WRITTEN  PETITION
 SEEKING THE RELEASE OF MATERIAL CONCERNING OR RELATED TO SUCH GRAND JURY
 PROCEEDING, INCLUDING BUT NOT LIMITED TO TRANSCRIPTS, REPORTS, EXHIBITS,
 AND  MATERIAL  OF  ANY  NATURE OR SUBSTANCE OF ANY GRAND JURY TESTIMONY,
 EVIDENCE OR ANY DECISION, RESULT OR  ANY  OTHER  MATTER  WHICH  OCCURRED
 DURING  A  GRAND  JURY  PROCEEDING UPON THE BASIS OF ENDURING HISTORICAL
 IMPORTANCE.   ENDURING HISTORICAL IMPORTANCE SHALL  INCLUDE  GRAND  JURY
 RECORDS  FORTY  YEARS  OLD  OR  OLDER  AND  THERE  SHALL BE A REBUTTABLE
 PRESUMPTION OF THE HISTORICAL IMPORTANCE OF  SUCH  RECORDS  PURSUANT  TO
 THIS  SUBPARAGRAPH.    FOR  THE PURPOSES OF THIS SUBPARAGRAPH, "ENDURING
 HISTORICAL IMPORTANCE" SHALL MEAN A MATTER WHERE  THE  RELEASE  OF  SUCH
 GRAND  JURY  INFORMATION  WOULD ENHANCE THE EXISTING HISTORICAL  RECORD,
 FOSTER FURTHER SCHOLARLY DISCUSSION, AND IMPROVE THE  PUBLIC'S    UNDER-
 STANDING  OF  A SIGNIFICANT HISTORICAL EVENT.  IN ALL SUCH CASES, UPON A
 FINDING OF ENDURING HISTORICAL IMPORTANCE, A COURT  SHALL  RELEASE  SUCH
 GRAND JURY RECORDS IN A MANNER AND FORM AS DETERMINED BY THE COURT.
   §  2.   This act shall take effect immediately and shall apply to such
 records created before, on or after such date.

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Senate Bill S316A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2021-S316 - Details

2021-S316 - Summary

2021-S316 - Sponsor Memo

2021-S316 - Bill Text download pdf

co-Sponsors

2021-S316A (ACTIVE) - Details

2021-S316A (ACTIVE) - Summary

2021-S316A (ACTIVE) - Sponsor Memo

2021-S316A (ACTIVE) - Bill Text download pdf

Comments