Assembly Bill A6396

2023-2024 Legislative Session

Relates to the timeframe for filing pre-trial motions in criminal cases

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2023-A6396 (ACTIVE) - Details

See Senate Version of this Bill:
S5569
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §255.20, CP L

2023-A6396 (ACTIVE) - Summary

Relates to the timeframe for filing pre-trial motions in criminal cases.

2023-A6396 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6396
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 6, 2023
                                ___________
 
 Introduced  by M. of A. SEPTIMO -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the filing of
   pre-trial motions in criminal cases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision 1 of section 255.20 of the criminal procedure
 law, as amended by section 7 of part LLL of chapter 59 of  the  laws  of
 2019, is amended to read as follows:
   1.  Except as otherwise expressly provided by law, whether the defend-
 ant is represented by counsel or elects to proceed pro se, all pre-trial
 motions shall be served or filed within forty-five days  after  arraign-
 ment  OR  THE  FILING  OF A PROPER CERTIFICATE OF COMPLIANCE PURSUANT TO
 SUBDIVISION ONE OF SECTION 245.50 OF THIS TITLE, WHICHEVER IS LATER, and
 before commencement of trial, or within  such  additional  time  as  the
 court  may  fix upon application of the defendant made prior to entry of
 judgment. In an action in which either (a) material or  information  has
 been  disclosed pursuant to paragraph (B), (m) or (n) of subdivision one
 of section 245.20 of this title, (b) an eavesdropping warrant and appli-
 cation have been furnished pursuant to section 700.70 of  this  chapter,
 or  (c)  a  notice  of  intention  to introduce evidence has been served
 pursuant to section  710.30  of  this  chapter,  such  period  shall  be
 extended  until  forty-five days after the last date of such service. If
 the defendant is  not  represented  by  counsel  and  has  requested  an
 adjournment  to  obtain counsel or to have counsel assigned, such forty-
 five day period shall commence on the date counsel initially appears  on
 defendant's behalf.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08719-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.