Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to codes |
Apr 13, 2021 |
print number 3314a |
Apr 13, 2021 |
amend and recommit to codes |
Jan 28, 2021 |
referred to codes |
Senate Bill S3314A
2021-2022 Legislative Session
Sponsored By
(D) 36th Senate District
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
Actions
Bill Amendments
co-Sponsors
(D) Senate District
(D) 14th Senate District
(D, WF) 47th Senate District
(D, WF) 21st Senate District
2021-S3314 - Details
2021-S3314 - Summary
Provides that in grand jury proceedings when following submission to a grand jury of a criminal charge or charges, the grand jury dismisses all charges presented or directs the district attorney to dismiss all charges or directs the DA to file in a local criminal court an application for disclosure of certain materials; authorizes the court to limit disclosure of certain items where there is a reasonable likelihood that such disclosure may lead to the identity of a witness who is not a public servant or expert witness; makes related provisions.
2021-S3314 - Sponsor Memo
BILL NUMBER: S3314 SPONSOR: BAILEY TITLE OF BILL: An act to amend the criminal procedure law, in relation to grand jury proceedings PURPOSE OR GENERAL IDEA OF BILL: The bill is designed to increase transparency and facilitate additional involvement of the court in grand jury proceedings. SUMMARY OF SPECIFIC PROVISIONS: Section one would amend subdivision two of section 190.25 of the Crimi- nal Procedure Law to assure that, as a part of carrying out his or her duties under law, a judge of the superior court is authorized to be present in the grand jury room, except during deliberations and voting by the grand jury.
2021-S3314 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3314 2021-2022 Regular Sessions I N S E N A T E January 28, 2021 ___________ Introduced by Sens. BAILEY, BENJAMIN, COMRIE, HOYLMAN, PARKER, 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 grand jury proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 3 of section 190.25 of the criminal procedure law is amended and a new paragraph (a-1) is added to read as follows: (A-1) A JUDGE OR JUSTICE OF THE SUPERIOR COURT; (d) An interpreter. Upon request of the grand jury OR THE COURT, the prosecutor must provide an interpreter to interpret the testimony of any witness who does not speak the English language well enough to be readi- ly understood. Such interpreter must, if he OR SHE has not previously taken the constitutional oath of office, first take an oath before the grand jury that he OR SHE will faithfully interpret the testimony of the witness and that he OR SHE will keep secret all matters before such grand jury within his OR HER knowledge; § 2. Subdivision 4 of section 190.25 of the criminal procedure law is amended by adding six new paragraphs (c), (d), (e), (f), (g) and (h) to read as follows: (C) IN ADDITION TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, WHEN, FOLLOWING SUBMISSION TO A GRAND JURY OF A CRIMINAL CHARGE OR CHARGES, THE GRAND JURY DISMISSES ALL CHARGES PRESENTED OR DIRECTS THE DISTRICT ATTORNEY TO FILE IN A LOCAL CRIMINAL COURT A PROSECUTOR'S INFORMATION CHARGING AN OFFENSE OTHER THAN A FELONY, AS PROVIDED IN SUBDIVISION ONE OF SECTION 190.70 OF THIS ARTICLE, AN APPLICATION MAY BE MADE TO THE SUPERIOR COURT FOR DISCLOSURE OF THE FOLLOWING MATERIAL RELATING TO THE PROCEEDINGS BEFORE SUCH GRAND JURY: (I) THE CRIMINAL CHARGE OR CHARGES SUBMITTED; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(D) Senate District
(D) 14th Senate District
(D, WF) 47th Senate District
(D, WF) 21st Senate District
2021-S3314A (ACTIVE) - Details
2021-S3314A (ACTIVE) - Summary
Provides that in grand jury proceedings when following submission to a grand jury of a criminal charge or charges, the grand jury dismisses all charges presented or directs the district attorney to dismiss all charges or directs the DA to file in a local criminal court an application for disclosure of certain materials; authorizes the court to limit disclosure of certain items where there is a reasonable likelihood that such disclosure may lead to the identity of a witness who is not a public servant or expert witness; makes related provisions.
2021-S3314A (ACTIVE) - Sponsor Memo
BILL NUMBER: S3314A SPONSOR: BAILEY TITLE OF BILL: An act to amend the criminal procedure law, in relation to grand jury proceedings PURPOSE OR GENERAL IDEA OF BILL: The bill is designed to increase transparency and facilitate additional involvement of the court in grand jury proceedings. SUMMARY OF SPECIFIC PROVISIONS: Section one would amend subdivision two of section 190.25 of the Crimi- nal Procedure Law to assure that, as a part of carrying out his or her duties under law, a judge of the superior court is authorized to be present in the grand jury room, except during deliberations and voting by the grand jury.
2021-S3314A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3314--A 2021-2022 Regular Sessions I N S E N A T E January 28, 2021 ___________ Introduced by Sens. BAILEY, BENJAMIN, COMRIE, HOYLMAN, PARKER, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to grand jury proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 3 of section 190.25 of the criminal procedure law is amended and a new paragraph (a-1) is added to read as follows: (A-1) A JUDGE OR JUSTICE OF THE SUPERIOR COURT; (d) An interpreter. Upon request of the grand jury OR THE COURT, the prosecutor must provide an interpreter to interpret the testimony of any witness who does not speak the English language well enough to be readi- ly understood. Such interpreter must, if he OR SHE has not previously taken the constitutional oath of office, first take an oath before the grand jury that he OR SHE will faithfully interpret the testimony of the witness and that he OR SHE will keep secret all matters before such grand jury within his OR HER knowledge; § 2. Subdivision 4 of section 190.25 of the criminal procedure law is amended by adding seven new paragraphs (c), (d), (e), (f), (g), (h) and (i) to read as follows: (C) IN ADDITION TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, WHEN, FOLLOWING SUBMISSION TO A GRAND JURY OF A CRIMINAL CHARGE OR CHARGES, THE GRAND JURY DISMISSES ALL CHARGES PRESENTED OR DIRECTS THE DISTRICT ATTORNEY TO FILE IN A LOCAL CRIMINAL COURT A PROSECUTOR'S INFORMATION CHARGING AN OFFENSE OTHER THAN A FELONY, AS PROVIDED IN SUBDIVISION ONE OF SECTION 190.70 OF THIS ARTICLE, AN APPLICATION MAY BE MADE TO THE SUPERIOR COURT FOR DISCLOSURE OF THE FOLLOWING MATERIAL RELATING TO THE PROCEEDINGS BEFORE SUCH GRAND JURY: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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