S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2113
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred 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
 CONCLUDED WITHOUT AN INDICTMENT, ANY PERSON MAY FILE A WRITTEN  PETITION
 SEEKING THE RELEASE OF MATERIAL CONCERNING OR RELATED TO SUCH GRAND JURY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01841-01-3
              

 A. 2113                             2
 
 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.