BILL NUMBER: S5569

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to the filing of
pre-trial motions in criminal cases

 
SUMMARY OF PROVISIONS:

Section one amends subdivision 1 of section 255.20 of the criminal
procedure 2 law, with respect to the timing when pre-trial motions may
be filed.

 
JUSTIFICATION:

This amendment to the criminal procedure law will allow a defendant to
file pre-trial motions after having the opportunity to review complete
discovery. This is necessary to safeguard a defendant's ability to
ensure fairness in discovery practice, and ensure that criminal cases
are decided both accurately and promptly.  In 2019, New York State
enacted the Discovery for Justice Reform Act ("DJRA"). The DJRA was
              

passed following nearly half a century of "trial by ambush," where
people were forced to accept plea deals or go to trial without ever
knowing the evidence in their cases. Prior to the passage of that bill,
New York was ranked third in the country in wrongful convictions. One
crucial provision of the DJRA required that prosecutors provide the full
range of discovery prior to the acceptance of a plea bargain. However, a
relic of the old "trial by ambush" discovery framework remains with
respect to the timing of pre-trial motions under C.P.L. 255.20(1). Coun-
ter to common sense and the intent of the DJRA, current law still
requires a defendant to file pre-trial motions before they have received
all discoverable materials. Therefore, this legislation simply seeks to
correct for the current system, which puts the proverbial cart before
the horse.

Importantly, this legislation doesn't create any new obligations; it
simply relates to the timing of when pre-trial motions---which every
defendant already has the legal right to make---are made. Moreover, this
legislation will create a more efficient and less costly system.  The
current structure is not only unjust, but also inefficient and costly
because a defendant is essentially forced to file pre-trial motions
before he or she has had an opportunity to review complete discovery.
For example, under the current law, defendants are effectively forced to
challenge the legality of a stop or search before they even have
received body camera footage or written records from law enforcement.
Having such evidence will likely make many pre-trial motions and eviden-
tiary hearings in such cases moot, and will therefore save judicial
resources.

In brief, this legislation is necessary to safeguard a criminal defend-
ant's ability to file pre-trial motions, to ensure fairness in discovery
practice, and to facilitate the prompt and accurate disposition of crim-
inal cases.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.