NY State Senate Bill 2023-S2334

Senate Bill S2334

2023-2024 Legislative Session

Relates to providing for the release of certain grand jury proceeding materials on the basis of enduring historical importance

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Current 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Jan 19, 2023	referred to codes

co-Sponsors

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2023-S2334 (ACTIVE) - Details

See Assembly Version of this Bill:: A2113
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §190.25, CP L
Versions Introduced in 2021-2022 Legislative Session:: S316, A6542

2023-S2334 (ACTIVE) - Summary

Allows a person to petition the court for grand jury proceeding materials on the basis of enduring historical importance.

2023-S2334 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2334

SPONSOR: MYRIE
 
TITLE OF BILL:

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

 
PURPOSE:

Creates an exception to the secrecy of grand jury proceedings by provid-
ing that any person may petition for the release of records of grand
jury proceedings on the ground of enduring historical importance.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (a) of subdivision 4 of section 190.25 of the
criminal procedure law as amended by chapter 677 of the laws of 1985
which creates an exception to the secrecy of grand jury proceedings by
allowing any person to petition for the release of grand jury records
that are of enduring historical significance, creating a rebuttable

presumption of enduring historical significance, and requiring a court
to release such grand jury records in a manner and form as determined by
the court.

Section 2 provides the effective date.

 
JUSTIFICATION:

The Attica Prison uprising was one of the most historic events in our
nation's history. It seized the attention of the entire world nearly
half a century ago, and its effects on our criminal legal system can
still be felt today. For too long, however, the uprising and subsequent
actions by the state of New York have been shrouded in secrecy. Governor
Cuomo's office and the agencies under his control hid the scope of
brutality visited upon correction officers and the incarcerated during
and after the taking of the prison by New York State Troopers. This
deception and brutality deserves the disinfectant of sunlight and this
bill will allow the people of this state to shed that light.

By using the "enduring historical significance" standard to access grand
jury records, this act would still adhere to the rationales of grand
jury secrecy ( prevention of flight by a defendant; protection of the
grand jurors from interference; prevention of subornation of perjury and
tampering with prospective witnesses; protection of an innocent accused
from unfounded accusations if, in fact, no indictment is returned; and
assurance to prospective witnesses that their testimony will be kept
secret so that they will be willing to testify freely).  It would also
preserve the court's discretion by providing that the release of such
records be accomplished "in a manner and form as determined by the
court."

 
LEGISLATIVE HISTORY:

S316-A of 2021-22: Referred to Codes.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to such records
created before. on or alter such date.

2023-S2334 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2334
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sens. MYRIE, BAILEY, BRISPORT, GOUNARDES, HOYLMAN-SIGAL,
   JACKSON, RAMOS, 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01841-01-3

 S. 2334                             2
 
 SEEKING THE RELEASE OF MATERIAL CONCERNING OR RELATED TO SUCH GRAND JURY
 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.

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