S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7069
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Codes
 
 AN  ACT  in  relation  to requiring the state to enter into an agreement
   with the Rand Corporation to conduct a study of the  impact  the  2020
   Discovery  Reform legislation enacted by part HHH of chapter 56 of the
   laws of 2020 has had on  the  handling  and  disposition  of  criminal
   cases; and making an appropriation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state shall  contract  with  the  Rand  Corporation,  a
 research  organization  that  develops  solutions to public policy chal-
 lenges, to conduct a study of  the  impact  the  2020  Discovery  Reform
 legislation  enacted  by  part HHH of chapter 56 of the laws of 2020 has
 had on the handling and disposition of criminal cases prosecuted by  the
 state of New York.
   §  2.  The  analysis  to  be  conducted  by the Rand Corporation shall
 include an analysis of:
   a. The impact reduced timelines for discovery have had on the workload
 of district attorneys, institutional defense providers,  private  attor-
 neys, assigned counsel and police and non-police investigator workload.
   b. The impact reduced timelines for discovery have had on the process-
 ing,  and disposition of criminal offense cases, including whether there
 has been a reduction in or other impact on:
   (i) the number of cases in which an indictment has been handed down;
   (ii) the number of cases which  have  been  prosecuted  at  trial  and
 whether such cases resulted in a conviction, acquittal or mistrial;
   (iii) the number of cases in which a plea deal was reached between the
 prosecution and the defendant;
   (iv)  the  number  of cases in which the prosecuting entity determined
 that there was insufficient evidence to proceed to obtain an indictment;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10317-02-3
 A. 7069                             2
              

 
   (v) the number of cases in which  the  prosecuting  entity  determined
 that there was insufficient evidence to proceed to trial; and
   (vi)  the  number  of cases in which the prosecuting entity elected to
 dismiss the case with or without prejudice.
   c. The impact reduced timelines for discovery  have  had  on  staffing
 levels  in  the  offices  of  district  attorneys, institutional defense
 providers, private attorneys, assigned counsel and police and non-police
 investigators, including:
   (i) whether such reduced deadlines have resulted,  directly  or  indi-
 rectly, to an increase in staff resignations or retirements;
   (ii)  whether  such reduced deadlines have resulted, directly or indi-
 rectly, in decreased recruitment of staff;
   (iii) whether such reduced deadlines have resulted, directly or  indi-
 rectly,  in a need for additional police and non-police investigators to
 collect evidence; and
   (iv) whether such reduced deadlines have resulted, directly  or  indi-
 rectly,  in  a need for additional staff to organize, interpret, analyze
 and transfer discovery materials.
   d. The adequacy of currently utilized technology in the processing  of
 criminal  cases  for  trial, including but not limited to the speed with
 which laboratory results are processed and results are received  by  the
 attorneys involved in the case.
   e.  The impact reduced timelines for discovery have had on identifying
 and obtaining expert witnesses.
   f. The impact reduced timelines for discovery have had on the  ability
 of prosecutors to provide discoverable materials to defense counsel.
   g.  The impact reduced timelines for discovery have had on other obli-
 gations of district attorneys, institutional defense providers,  private
 attorneys  and  assigned  counsel,  including,  but  not  limited to the
 production of  discovery  to  incarcerated  individuals  or  individuals
 representing themselves.
   §  3.  a.  The  study  to  be  conducted by the Rand Corporation shall
 include conclusions as to the  efficacy  of  the  reduced  timeline  for
 discovery  on  the  processing  of  criminal  cases  and recommendations
 regarding increased efficiency in case processing.
   b. To the extent feasible, the study shall address and estimate:
   (i) the cost of providing additional staff, expediting  investigations
 and  laboratory  results  and  other costs associated with the expedited
 speed in prosecuting cases; and
   (ii) the cost and estimated  timeline  for  development  of  statewide
 technological  infrastructure to meet the modern demands of the criminal
 justice system.
   § 4. For purposes of this act, "staff" includes attorneys, paralegals,
 police, non-police investigators and other personnel necessary  for  the
 investigation and processing of criminal cases by the state of New York.
   §  5. The sum of two million dollars ($2,000,000), is hereby appropri-
 ated to the department of audit and control out of  any  moneys  in  the
 state  treasury  in the general fund to the credit of the state purposes
 account after audit by and on the warrant of the state comptroller  upon
 vouchers certified or approved by the attorney general.
   § 6. This act shall take effect immediately.