NY State Senate Bill 2025-S2072

Senate Bill S2072

2025-2026 Legislative Session

Relates to the timing of discovery, automatic discovery, certificates of discovery compliance, speedy trial limitations, and access to discovery materials; repealer

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2025	referred to codes

2025-S2072 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§245.10, 245.20, 245.50 & 30.30, rpld §245.50 sub 4 ¶(c), CP L

2025-S2072 (ACTIVE) - Summary

Relates to streamlining and simplifying the discovery process in order to enhance efficiency in the criminal justice system, speed up the pretrial discovery and trial process, and promote the fair and efficient administration of justice.

2025-S2072 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2072

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to discovery
rules and procedures; and repealing certain provisions of such law
relating thereto

 
SUMMARY OF PROVISIONS:

Section 1: Paragraph (c) of subdivision 1 of section 245.10 of the crim-
inal procedure law, as added by section 2 of LLL of chapter 59 of the
laws of 2019. The prosecution shall disclose statements of the defendant
as described in paragraph (a) of subdivision one of section 245.20 of
this article to any defendant who has been arraigned in a local criminal
court upon a currently undisposed of felony complaint charging an
offense which is a subject of a prospective or pending grand jury
proceeding, no later than twenty four hours before the time scheduled
for defendant to testify at a grand jury proceeding pursuant to subdivi-
sion five of section 190.50 of this part.

Section 2: Subdivision 2 and 6 of section 245.20 of the criminal proce-

dure law, as added by section 2 of part LLL of chapter 59 of the laws of
2019. Duties of the prosecution.

Section 3: Subdivision 1 and 3 of section 245.50 of the criminal proce-
dure law, as amended by section 7 of part HHH of chapter 56 of the laws
of 2020, are amended and a new subdivision 5 is added. When the prose-
cution, after exercising good faith and due diligence, has provided all
items and information set forth in subdivision one of section 245.20 of
this article that are in people's actual passion, except for discovery
that is lost or destroyed.

Section 4: Subdivision 1-a of section 245.50 of the criminal procedure
law is repealed.

Section 5: Paragraph (c) of subdivision 4 of section 245.50 of the crim-
inal procedure law, as added by section 1 subpart D of part UU of chap-
ter 56 if the laws of 2022. Challenge related to the sufficiency of
certificate of compliance or supplemental certificate of compliance
filed pursuant to subdivision one of this section shall be addressed by
motion within thirty-five days of filing of certificate.

Section 6: Paragraph (a) of subdivision 4 and subdivision 5 of section
30.30 of the criminal procedure laws of 2019 are amended. A reasonable
period of delay resulting from other proceedings concerning the defend-
ant, including but not limited to: proceedings for the determination of
competency and the period during which defendant is incompetent to stand
trial, demand to produce, request for a bill of particulars, pre-trial
motions, appeals, trial of other charges and the period during while
such matters are under consideration by the court, unless the defendant
waives such defendants right to file a challenge to the people's discov-
ery certificate of compliance pursuant to section 245.50 of this chap-
ter, the period between filing of the people's certificate of compliance
and the court's decision on the defendant's challenge to the certificate
of compliance.

Section 7: This act shall take effect immediately.
 
JUSTIFICATION:

New York's discovery reforms created a substantial workload for District
Attorneys across the state creating tight deadlines regardless of the
information's materiality to the charges a defendant faces.

Discoverable information is often voluminous or duplicative and diffi-
culty obtaining materials from agencies in actual possession of the
information can result in a delay in disclosure. This is particularly
problematic with respect to underlying documents relating to law
enforcement disciplinary records or civil proceedings. When these
continued tight timelines and difficulties in obtaining voluminous
information are combined with the inability to answer ready for trial
results, cases are often dismissed even with the People's best efforts
to comply and lack prejudice to defense.

The previous amendments were welcome and necessary to alleviate some of
the undue burdens present in Discovery Reforms, however District Attor-
neys' offices still face unpresented attrition in the face of the ever-
mounting discovery obligation. There is a need for a multi-pronged fix
to ease the burdens of these obligations while ensuring defendants are
still provided the discovery to which they are entitled.

 
PRIOR LEGISLATIVE HISTORY:

New

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S2072 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2072
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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  discovery
   rules  and  procedures;  and  repealing certain provisions of such law
   relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (c)  of subdivision 1 of section 245.10 of the
 criminal procedure law, as added by section 2 of part LLL of chapter  59
 of the laws of 2019, is amended to read as follows:
   (c)  The  prosecution  shall  disclose  statements of the defendant as
 described in paragraph (a) of subdivision one of section 245.20 of  this
 article  to  any  defendant  who  has been arraigned in a local criminal
 court upon a  currently  undisposed  of  felony  complaint  charging  an
 offense  which  is  a  subject  of  a  prospective or pending grand jury
 proceeding, no later than [forty-eight]  TWENTY-FOUR  hours  before  the
 time  scheduled  for the defendant to testify at a grand jury proceeding
 pursuant to subdivision five of section 190.50 of this part.
   § 2. Subdivisions 2 and 6 of section 245.20 of the criminal  procedure
 law,  as  added  by  section  2 of part LLL of chapter 59 of the laws of
 2019, are amended to read as follows:
   2. Duties of the prosecution. The prosecutor shall  make  a  diligent,
 good  faith effort to ascertain the existence of material or information
 discoverable under subdivision one of this section  and  to  cause  such
 material  or  information  to  be  made available for discovery where it
 exists but  is  not  within  the  prosecutor's  possession,  custody  or
 control[;  provided]  .  MATERIAL  INFORMATION  that REQUIRES A SUBPOENA
 DUCES TECUM IN ORDER FOR the  prosecutor  [shall  not  be  required]  to
 obtain,  AND  WHICH  THE DEFENDANT   MAY OBTAIN by subpoena duces tecum,
 SHALL NOT BE WITHIN THE SCOPE OF AUTOMATIC DISCOVERY FOR THE PURPOSES OF
 SUBDIVISION ONE OF  THIS  SECTION,  AND  THE  PROSECUTOR  SHALL  NOT  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05772-02-5

 S. 2072                             2
 
 REQUIRED TO OBTAIN SUCH material or information [which the defendant may
 thereby  obtain]  BEFORE  FILING A CERTIFICATE OF COMPLIANCE PURSUANT TO
 SUBDIVISION ONE OF SECTION 245.50  OF  THIS  ARTICLE.  For  purposes  of
 subdivision one of this section, [all items and information related] ALL
 MATERIALS  RELEVANT  TO  THE  SUBJECT  MATTER OF THE CHARGES AGAINST THE
 DEFENDANT IN THE INSTANT CASE to the prosecution  of  a  charge  in  the
 possession  of  any  New  York  state or local police or law enforcement
 agency shall be deemed to be in the possession of the  prosecution.  The
 prosecution  shall  also  identify  any  laboratory  having contact with
 evidence related to the prosecution of a charge. This subdivision  shall
 not  require  the prosecutor to ascertain the existence of witnesses not
 known to the police or another law enforcement agency, or the written or
 recorded statements thereof, under paragraph (c) or (e)  of  subdivision
 one of this section.
   6.  Redactions  permitted.  Either  party  may  redact social security
 numbers [and], tax numbers, WITNESSES' PHYSICAL ADDRESSES,  OTHER  FORMS
 OF  WITNESSES'  CONTACT  INFORMATION SO LONG AS THE PEOPLE HAVE PROVIDED
 ONE  FORM  OF  ADEQUATE  CONTACT  INFORMATION  CONTAINED  IN   MATERIALS
 DISCLOSED  PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION,
 PHYSICAL ADDRESSES AND  OTHER  FORMS  OF  CONTACT  INFORMATION  FOR  ANY
 PERSONS  CONTAINED  IN  MATERIALS DISCLOSED PURSUANT TO PARAGRAPH (K) OF
 SUBDIVISION ONE OF THIS SECTION, AND INFORMATION THAT DOES NOT RELATE TO
 THE SUBJECT MATTER OF THE CASE from disclosures under this article WITH-
 OUT THE NEED TO FILE A PROTECTIVE ORDER PURSUANT TO  SECTION  245.70  OF
 THIS ARTICLE.
   §  3. Subdivisions 1 and 3 of section 245.50 of the criminal procedure
 law, as amended by section 7 of part HHH of chapter 56 of  the  laws  of
 2020, are amended and a new subdivision 5 is added to read as follows:
   1.  By  the  prosecution.  When the prosecution, AFTER EXERCISING GOOD
 FAITH AND DUE DILIGENCE, has provided [the discovery  required  by]  ALL
 ITEMS  AND INFORMATION SET FORTH IN subdivision one of section 245.20 of
 this article THAT ARE IN THE  PEOPLE'S  ACTUAL  POSSESSION,  except  for
 discovery  that  is  lost  or  destroyed as provided by paragraph (b) of
 subdivision one of section 245.80 of this article  and  except  for  any
 items  or  information  that  are  the  subject  of an order pursuant to
 section 245.70 of this article, it shall serve upon  the  defendant  and
 file  with  the  court  a  certificate of compliance. The certificate of
 compliance shall state that, after exercising due diligence  and  making
 reasonable inquiries to ascertain the existence of material and informa-
 tion  subject to discovery, the prosecutor has disclosed and made avail-
 able all known material and information subject to discovery THAT IS  IN
 THE  PROSECUTOR'S  ACTUAL  POSSESSION.  It shall also identify the items
 provided. If THE PROSECUTION PROVIDES additional  discovery  [is  subse-
 quently  provided]  prior  to  trial  pursuant to section 245.60 of this
 article, a supplemental certificate shall be served upon  the  defendant
 and  filed with the court identifying the additional material and infor-
 mation provided. [No adverse  consequence  to  the  prosecution  or  the
 prosecutor  shall  result from the] THE filing of a SUPPLEMENTAL certif-
 icate of compliance SHALL  NOT  IMPACT  THE  VALIDITY  OF  THE  ORIGINAL
 CERTIFICATE  OF  COMPLIANCE IF FILED in good faith and [reasonable under
 the circumstances; but the court may grant a remedy or  sanction  for  a
 discovery  violation  as  provided  in]  AFTER  EXERCISING DUE DILIGENCE
 PURSUANT TO section [245.80] 245.20 of this  article.  NOTHING  IN  THIS
 SUBDIVISION  SHALL  PRECLUDE  THE PROSECUTION FROM CONTINUING THE PROSE-
 CUTION'S INVESTIGATION AND OBTAINING  AND  DISCLOSING  NEW  DISCOVERABLE
 ITEMS AND INFORMATION AFTER FILING A CERTIFICATE OF COMPLIANCE.
 S. 2072                             3
 
   3.  Trial  readiness. Notwithstanding the provisions of any other law,
 absent an individualized finding of special circumstances in the instant
 case by the court before which the charge is  pending,  the  prosecution
 shall  not  be  deemed  ready for trial for purposes of section 30.30 of
 this  chapter until it has filed a proper certificate pursuant to subdi-
 vision one of this section. [A court may deem the prosecution ready  for
 trial  pursuant  to section 30.30 of this chapter where information that
 might be considered discoverable under this article cannot be  disclosed
 because  it  has  been  lost,  destroyed,  or  otherwise  unavailable as
 provided by paragraph (b) of subdivision one of section 245.80  of  this
 article,  despite  diligent and good faith efforts, reasonable under the
 circumstances. Provided, however, that the court may grant a  remedy  or
 sanction for a discovery violation as provided by section 245.80 of this
 article.]
   5.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, NO
 ADVERSE CONSEQUENCE TO THE PROSECUTION OR THE PROSECUTOR, INCLUDING  THE
 INVALIDATION  OF  A CERTIFICATE OF COMPLIANCE OR STATEMENT OF READINESS,
 SHALL RESULT FROM THE FILING OF A CERTIFICATE OF COMPLIANCE OR A SUPPLE-
 MENTAL CERTIFICATE OF COMPLIANCE THAT WAS MADE  IN  GOOD  FAITH  AND  IS
 REASONABLE UNDER THE CIRCUMSTANCES. BELATED OR MISSING DISCLOSURES SHALL
 BE  CURED BY SUPPLEMENTAL DISCOVERY PURSUANT TO SUBDIVISIONS ONE AND TWO
 OF THIS SECTION. IF THE PARTY ENTITLED TO THE BELATED OR MISSING DISCLO-
 SURES SHOWS THAT SUCH PARTY HAS BEEN PREJUDICED BY SUCH BELATED OR MISS-
 ING DISCLOSURE, THE COURT SHALL GRANT AN APPROPRIATE  AND  PROPORTIONATE
 REMEDY  STATEMENT  PURSUANT TO SECTION 245.80 OF THIS ARTICLE. A CERTIF-
 ICATE OF COMPLIANCE OR STATEMENT OF READINESS SHALL BE INVALIDATED  ONLY
 UPON  A  SHOWING  THAT  NO  OTHER  REMEDY AUTHORIZED PURSUANT TO SECTION
 245.80 OF THIS ARTICLE CAN SUFFICIENTLY  CURE  ANY  PREJUDICE  RESULTING
 FROM THE BELATED OR MISSING DISCLOSURE.
   §  4.  Subdivision 1-a of section 245.50 of the criminal procedure law
 is REPEALED.
   § 5. Paragraph (c) of subdivision 4 of section 245.50 of the  criminal
 procedure  law, as added by section 1 of subpart D of part UU of chapter
 56 of the laws of 2022, is amended and a new paragraph (d) is  added  to
 read as follows:
   (c)  Challenges related to the sufficiency of a certificate of compli-
 ance or supplemental certificates of compliance FILED PURSUANT TO SUBDI-
 VISION ONE OF THIS SECTION shall be addressed  by  motion  [as  soon  as
 practicable, provided that nothing in this section shall be construed to
 waive  a  party's  right  to  make further challenges, including but not
 limited to a motion pursuant to section 30.30] WITHIN  THIRTY-FIVE  DAYS
 of [this chapter] THE FILING OF THE CERTIFICATE.  FAILURE TO CHALLENGE A
 CERTIFICATE  OF  COMPLIANCE  OR  SUPPLEMENTAL  CERTIFICATE OF COMPLIANCE
 WITHIN SUCH TIME PERIOD SHALL CONSTITUTE A  WAIVER  OF  THAT  CHALLENGE;
 PROVIDED,  HOWEVER, THAT FOR GOOD CAUSE SHOWS, THE COURT MAY EXTEND SUCH
 TIME PERIOD BEYOND THIRTY-FIVE DAYS. GOOD CAUSE INCLUDES, BUT SHALL  NOT
 BE  LIMITED  TO,  VOLUMINOUS  DISCOVERY  AND THE COMPLEXITY OF THE CASE.
 DENIAL OF A MOTION CHALLENGING  THE  SUFFICIENCY  OF  A  CERTIFICATE  OF
 COMPLIANCE  OR  SUPPLEMENTAL  CERTIFICATE  OF COMPLIANCE, OR A WAIVER OF
 SUCH CHALLENGE, SHALL NOT PRECLUDE THE IMPOSITION OF ANY REMEDY OR SANC-
 TION AUTHORIZED PURSUANT TO SECTION 245.80 OF THIS ARTICLE.
   (D) A CERTIFICATE OF COMPLIANCE OR SUPPLEMENTAL CERTIFICATE OF COMPLI-
 ANCE SHALL NOT BE INVALIDATED WHERE THE PEOPLE  RELY  ON  A  GOOD  FAITH
 INTERPRETATION OF THE DISCLOSURE REQUIREMENTS OF THIS ARTICLE, AND THERE
 IS NO CONTROLLING PRECEDENT TO THE CONTRARY FROM THE INTERMEDIATE APPEL-
 S. 2072                             4
 
 LATE COURT TO WHICH AN APPEAL FROM A JUDGMENT OF CONVICTION WOULD BE HAD
 OR THE NEW YORK COURT OF APPEALS.
   § 6. Paragraph (a) of subdivision 4 and subdivision 5 of section 30.30
 of  the  criminal  procedure law, as amended by section 1 of part KKK of
 chapter 59 of the laws of 2019, are amended to read as follows:
   (a) a reasonable period of  delay  resulting  from  other  proceedings
 concerning  the defendant, including but not limited to: proceedings for
 the determination of competency and the period during which defendant is
 incompetent to stand trial; demand to produce; request  for  a  bill  of
 particulars;  pre-trial  motions; appeals; trial of other charges; [and]
 the period during which such matters  are  under  consideration  by  the
 court; AND, UNLESS THE DEFENDANT WAIVES SUCH DEFENDANT'S RIGHT TO FILE A
 CHALLENGE  TO  THE PEOPLE'S DISCOVERY CERTIFICATE OF COMPLIANCE PURSUANT
 TO SECTION 245.50 OF THIS CHAPTER, THE PERIOD BETWEEN THE FILING OF  THE
 PEOPLE'S  CERTIFICATE  OF  COMPLIANCE  AND  THE  COURT'S DECISION ON THE
 DEFENDANT'S CHALLENGE TO THE CERTIFICATE OF COMPLIANCE; or
   5. Whenever pursuant to this section a prosecutor states or  otherwise
 provides  notice  that  the  people are ready for trial, the court shall
 make inquiry on the record as to [their] THE PEOPLE'S actual  readiness.
 If,  after  conducting its inquiry, the court determines that the people
 are not ready to proceed to trial, the prosecutor's statement or  notice
 of readiness shall not be valid for purposes of this section. Any state-
 ment  of  trial  readiness  must be accompanied or preceded by a certif-
 ication of good faith compliance with  the  disclosure  requirements  of
 section  245.20  of  this  chapter  and the defense shall be afforded an
 opportunity to be heard on the  record  as  to  whether  the  disclosure
 requirements  have been met. THE COURT MAY DEEM THE PEOPLE NOT READY FOR
 TRIAL IF IT FINDS THAT THE PEOPLE'S CERTIFICATE OF COMPLIANCE WAS INVAL-
 ID AND THE DEFENSE SHOWS THAT IT WAS  PREJUDICED  AS  A  RESULT  OF  THE
 PEOPLE'S  NON-DISCLOSURE OR BELATED DISCLOSURE OF DISCOVERABLE MATERIALS
 AND NO OTHER REMEDY AUTHORIZED PURSUANT TO SECTION 245.80 OF THIS  CHAP-
 TER  CAN  SUFFICIENTLY  CURE  SUCH PREJUDICE. This subdivision shall not
 apply to cases where the defense has waived disclosure requirements.
   § 7. This act shall take effect immediately.

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