Assembly Bill A7936

2025-2026 Legislative Session

Relates to challenges to or questions related to certificates of compliance

download bill text pdf

Sponsored By

Current 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

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2025-A7936 (ACTIVE) - Details

See Senate Version of this Bill:
S7313
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §245.50, CP L

2025-A7936 (ACTIVE) - Summary

Requires a court to evaluate whether the prosecution has established that the certificate of compliance or supplemental certificate of compliance was filed in good faith after exercising due diligence and making reasonable inquiries to learn of the discovery.

2025-A7936 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7936
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 16, 2025
                                ___________
 
 Introduced  by  M. of A. ROMERO, WALKER -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to challenges to
   or questions related to certificates of compliance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 245.50 of the criminal procedure law is amended by
 adding a new subdivision 5 to read as follows:
   5. IN RENDERING A DECISION ON A MOTION FILED PURSUANT TO PARAGRAPH (A)
 OF SUBDIVISION FOUR OF THIS SECTION, THE COURT MUST EVALUATE WHETHER THE
 PROSECUTION HAS  ESTABLISHED  THAT  THE  CERTIFICATE  OF  COMPLIANCE  OR
 SUPPLEMENTAL  CERTIFICATE  OF  COMPLIANCE  WAS FILED IN GOOD FAITH AFTER
 EXERCISING DUE DILIGENCE AND MAKING REASONABLE INQUIRIES TO LEARN OF THE
 DISCOVERY REQUIRED BY SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE.
 FOR PURPOSES OF THIS ARTICLE, RELEVANT FACTORS FOR ASSESSING  DUE  DILI-
 GENCE  INCLUDE,  BUT  ARE NOT LIMITED TO: THE EFFORTS MADE BY THE PROSE-
 CUTION TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE,  THE  TIMING  OF
 THE  PROSECUTION'S  EFFORTS, THE VOLUME OF DISCOVERY PROVIDED AND VOLUME
 OF OUTSTANDING DISCOVERY, THE COMPLEXITY OF THE CASE,  HOW  OBVIOUS  ANY
 MISSING MATERIAL WOULD LIKELY HAVE BEEN TO A REASONABLE PROSECUTOR AFTER
 REVIEWING  THE  CASE  AND OTHER MATERIALS DISCLOSED, THE EXPLANATION FOR
 ANY DISCOVERY LAPSE, AND THE PROSECUTION'S RESPONSE WHEN APPRISED OF ANY
 MISSING DISCOVERY. THE PROSECUTION'S EFFORTS SHALL NOT BE DEEMED REASON-
 ABLE OR DILIGENT IF THE PROSECUTION HAS  NOT  PERFORMED  ITS  DUTIES  TO
 EVALUATE  AND  DISCLOSE  EVIDENCE  UNDER  THE  STATE AND FEDERAL CONSTI-
 TUTIONS.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11601-01-5

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