Senate Bill S2120A

2023-2024 Legislative Session

Relates to the discovery provisions applicable to juvenile delinquency proceedings in family court; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance 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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Bill Amendments

co-Sponsors

2023-S2120 - Details

See Assembly Version of this Bill:
A10049
Current Committee:
Senate Finance
Law Section:
Family Court Act
Laws Affected:
Rpld §§331.1 - 331.7, amd Fam Ct Act, generally; amd §325, Judy L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8085
2021-2022: S4554, A4952

2023-S2120 - Summary

Relates to the discovery provisions applicable to juvenile delinquency proceedings in family court with regard to the timing of discovery, disclosure prior to certain guilty pleas, DNA evidence, court orders, and the admissibility of discovery.

2023-S2120 - Sponsor Memo

2023-S2120 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2120
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the family court act and the judiciary law, in  relation
   to   the  discovery  provisions  applicable  to  juvenile  delinquency
   proceedings in family court; and to repeal certain provisions  of  the
   family court act relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 331.1, 331.2, 331.3, 331.4, 331.5, 331.6 and 331.7
 of the family court act are REPEALED.
   § 2. The family court act is amended by adding thirteen  new  sections
 331.1,  331.2,  331.3, 331.4, 331.5, 331.6, 331.7, 331.8, 331.9, 331.10,
 331.11, 331.12 and 331.13 to read as follows:
   § 331.1.  INITIAL  APPEARANCE.  1.  DISCLOSURE.  AT  THE  RESPONDENT'S
 INITIAL  APPEARANCE, AS DEFINED IN SECTION 320.1 OF THIS ARTICLE, IF THE
 COURT DIRECTS DETENTION PURSUANT TO SUBDIVISION THREE OF  SECTION  320.5
 OF  THIS ARTICLE, THE PRESENTMENT AGENCY SHALL FORTHWITH DISCLOSE TO THE
 RESPONDENT, AND PERMIT THE RESPONDENT TO DISCOVER, INSPECT, COPY, PHOTO-
 GRAPH AND TEST, ALL ITEMS AND INFORMATION SET FORTH  IN  PARAGRAPHS  (A)
 THROUGH  (U)  OF  SUBDIVISION ONE OF SECTION 331.3 OF THIS PART THAT ARE
 WITHIN THE PRESENTMENT AGENCY'S POSSESSION AT THE TIME  OF  THE  INITIAL
 APPEARANCE.  IF  THE  COURT  DOES  NOT DIRECT DETENTION, THE PRESENTMENT
 AGENCY SHALL DISCLOSE TO THE RESPONDENT:
   (A) ANY POLICE OR OTHER LAW ENFORCEMENT  AGENCY  REPORTS  AND  WRITTEN
 WITNESS  STATEMENTS  RELATING  TO  THE  JUVENILE  DELINQUENCY PROCEEDING
 AGAINST  THE  RESPONDENT  THAT  ARE  WITHIN  THE  PRESENTMENT   AGENCY'S
 POSSESSION AT THAT TIME;
   (B)   ELECTRONIC  RECORDINGS  RELATING  TO  THE  JUVENILE  DELINQUENCY
 PROCEEDING AGAINST THE RESPONDENT THAT ARE WITHIN THE PRESENTMENT  AGEN-
 CY'S POSSESSION AT THAT TIME, IN ACCORDANCE WITH PARAGRAPH (G) OF SUBDI-
 VISION ONE OF SECTION 331.3 OF THIS PART; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05294-01-3
              

co-Sponsors

2023-S2120A (ACTIVE) - Details

See Assembly Version of this Bill:
A10049
Current Committee:
Senate Finance
Law Section:
Family Court Act
Laws Affected:
Rpld §§331.1 - 331.7, amd Fam Ct Act, generally; amd §325, Judy L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8085
2021-2022: S4554, A4952

2023-S2120A (ACTIVE) - Summary

Relates to the discovery provisions applicable to juvenile delinquency proceedings in family court with regard to the timing of discovery, disclosure prior to certain guilty pleas, DNA evidence, court orders, and the admissibility of discovery.

2023-S2120A (ACTIVE) - Sponsor Memo

2023-S2120A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2120--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sens.  BAILEY,  HOYLMAN-SIGAL  -- read twice and ordered
   printed, and when printed to be committed to the Committee on Children
   and Families -- recommitted to the Committee on Children and  Families
   in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the family court act and the judiciary law, in  relation
   to   the  discovery  provisions  applicable  to  juvenile  delinquency
   proceedings in family court; and to repeal certain provisions  of  the
   family court act relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 331.1, 331.2, 331.3, 331.4, 331.5, 331.6 and 331.7
 of the family court act are REPEALED.
   § 2. The family court act is amended by adding thirteen  new  sections
 331.1,  331.2,  331.3, 331.4, 331.5, 331.6, 331.7, 331.8, 331.9, 331.10,
 331.11, 331.12 and 331.13 to read as follows:
   § 331.1.  INITIAL  APPEARANCE.  1.  DISCLOSURE.  AT  THE  RESPONDENT'S
 INITIAL  APPEARANCE, AS DEFINED IN SECTION 320.1 OF THIS ARTICLE, IF THE
 COURT DIRECTS DETENTION PURSUANT TO SUBDIVISION THREE OF  SECTION  320.5
 OF  THIS ARTICLE, THE PRESENTMENT AGENCY SHALL FORTHWITH DISCLOSE TO THE
 RESPONDENT, AND PERMIT THE RESPONDENT TO DISCOVER, INSPECT, COPY, PHOTO-
 GRAPH AND TEST, ALL ITEMS AND INFORMATION SET FORTH  IN  PARAGRAPHS  (A)
 THROUGH  (U)  OF  SUBDIVISION ONE OF SECTION 331.3 OF THIS PART THAT ARE
 WITHIN THE PRESENTMENT AGENCY'S POSSESSION AT THE TIME  OF  THE  INITIAL
 APPEARANCE.  IF  THE  COURT  DOES  NOT DIRECT DETENTION, THE PRESENTMENT
 AGENCY SHALL DISCLOSE TO THE RESPONDENT:
   (A) ANY POLICE OR OTHER LAW ENFORCEMENT  AGENCY  REPORTS  AND  WRITTEN
 WITNESS  STATEMENTS  RELATING  TO  THE  JUVENILE  DELINQUENCY PROCEEDING
 AGAINST  THE  RESPONDENT  THAT  ARE  WITHIN  THE  PRESENTMENT   AGENCY'S
 POSSESSION AT THAT TIME;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05294-03-4
              

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