Senate Republicans Along With Nassau District Attorney Donnelly Demand Changes To Discovery Law BE Included In The State Budget

Senate Republican Leader Rob Ortt, Senator Patricia Canzoneri-Fitzpatrick,Nassau County District Attorney Anne Donnelly and members of the Senate Republican Conference today urged the Governor and Legislature to include substantive discovery reforms in this year’s final budget. Senate Republicans highlighted the need to fix the broken criminal justice system and equip those who work in law enforcement with the tools needed to protect victims, families and communities. 

“As a prosecutor with over 32 years of experience, and as the District Attorney of one of the largest counties in the state, I’ve witnessed firsthand how 'Cashless Bail' and 'Discovery Reform’ Laws have compromised public safety. Since the implementation of these laws, we’ve seen a revolving door of justice, where criminals walk free on technicalities while victims continue to

suffer. These laws have made it harder for law enforcement and prosecutors to do their jobs, jeopardizing public safety and leaving our communities vulnerable. This is not a justice system that protects the people of New York,” stated Nassau County District Attorney Anne Donnelly.

“Our Senate Republican Conference has been sounding the alarms on the disastrous consequences of so-called discovery reform since it was implemented in 2019. And the results speak for themselves: criminal case dismissals are increasing dramatically, less cases are going to trial, and more criminals are slipping through the cracks, further eroding public safety in our communities. The reforms proposed by the Governor in her budget were at least a step in the right direction, but once again our colleagues in the Senate Majority have shown they have zero regard for public safety. It’s time to stop prioritizing criminals over crime victims,” blasted Senate Republican Leader Rob Ortt.

“Since 2019, the Legislature has had its thumb on the scales of justice in favor of criminal defendants, and it has come at the expense of victims and public safety. Cases brought forward, which arise from real harm inflicted upon victims and communities, should not be dismissed due to minor technicalities. Victims deserve better, communities deserve better, and all New Yorkers deserve better, which is why it is urgent that we fix our discovery laws,” stated Senator Patricia Canzoneri-Fitzpatrick.

“For far too long, our criminal justice system has favored offenders over victims, leaving families and communities vulnerable. It’s far past time for the law to be changed in favor of crime victims. We need real, substantive discovery reforms that give law enforcement the tools they need to do their jobs effectively and ensure justice is served. I urge the Governor and Legislature to make these critical changes in this year’s final budget,” stated Senator Rob Rolison.

“Fixing Discovery and protecting victims shouldn’t be a political issue, but the Democrats in the legislature continue to make it part of their pro-criminal agenda. It’s time to stop promoting criminal behavior and start protecting the victims of crime,” stated Senator Alexis Weik.

“The 2019 changes to discovery laws, while perhaps well-intentioned, have had disastrous consequences for victims of crime, especially women survivors of domestic violence. 

Since their adoption, criminal case dismissals on legal technicalities have skyrocketed, letting dangerous criminals go free and leaving crime victims vulnerable,” said Senator Jack Martins.

“New Yorkers deserve a criminal justice system that prioritizes the safety of law-abiding citizens, not one that lets criminals walk free due to bureaucratic failures. Since the 2019 discovery law changes, we’ve seen a staggering increase in case dismissals, making it harder for prosecutors to hold offenders accountable. The Governor’s proposed reforms were a step forward, but Senate Democrats have once again refused to act. Public safety isn’t a partisan issue—it’s a fundamental responsibility. Our communities, law enforcement, and crime victims deserve better, and I stand with my Senate Republican colleagues in demanding real common sense discovery changes in this year’s state budget,” said Senator Steve Rhoads.

“Stacking the deck against hardworking prosecutors across the state undermines our law enforcement officials and jeopardizes public safety. If Senate and Assembly Democrats won't work with us to fix our discovery laws, they'll be turning their backs on crime victims and doing a big favor to the career criminals who terrorize our communities over and over again,” said Senator Jake Ashby.

“We are watching the collapse of our criminal justice system in real time, and it’s being driven by reckless policies like the 2019 discovery changes. Prosecutors are being forced to drop cases, victims are being retraumatized, and dangerous offenders are being set free on technicalities. The Governor’s proposal is a modest but important step toward restoring balance, but legislative Democrats would rather appease radical activists than protect law-abiding New Yorkers. Their refusal to act is a betrayal of crime victims and a green light to criminals. Enough is enough. The safety of our communities must come before politics,” said Senator George Borrello.

“In my role as an NYPD Officer, I arrested individuals for serious violent crimes. It’s a travesty that their case could be dismissed because I received a minor violation for failing to wear my hat three years prior and that non relevant disciplinary action was not disclosed,” said Senator Steve Chan.

“Like so many other changes made to our criminal justice system in recent years, discovery reform went too far, prioritizing criminals over law-abiding citizens and crime victims. Too many criminal cases are being dismissed on technicalities, regardless of the circumstances.  We need to fix our discovery laws as part of this year's budget and ensure that law enforcement and prosecutors have the tools necessary to hold perpetrators accountable and better safeguard our communities,” said Senator Patrick M. Gallivan.

“There is a need for the governor and legislative majorities to make changes to the discovery process. The modifications that were made previously, which I did not support, have made it even more difficult for prosecutors to get dangerous criminals off the streets. Other so-called criminal justice ‘reforms’ supported and passed by the majorities, including changes to the state’s bail law, have weakened the criminal justice system and jeopardized the safety of New York’s communities. We need policies that do not put criminals over crime victims and law-abiding New Yorkers,” said Senator Joe Griffo.

“The New York State Senate and Assembly majorities cannot continue to ignore the dangers associated with reckless criminal justice policies, including Discovery laws. The amendments included in the Executive’s budget create a better balance between protecting crime victims, public safety and transparency. Enacting these reasonable changes will mitigate the current practice of requesting lengthy motions that often have little to do with a case and lead to a motion for dismissal. We must stand together to protect innocent people and ensure that those who commit the most horrific crimes are held accountable for their actions. I urge my colleagues in the majority to stand on the side of public safety and include substantive change to Discovery law in the finalized budget,” said Senator Pam Helming.

“The democrat’s discovery reform has forced prosecutors across the state to allow criminals to walk free.  While this is probably what democrats wanted, when they passed the bill, it is why we republicans voted against it,” said Senate Deputy Republican Leader Andrew Lanza.

“New York State’s discovery laws are broken—and the consequences are serious and dangerous to our residents. Cases are being thrown out, criminals are slipping through the cracks, and our justice system is crumbling under the weight of bureaucracy. This is not about politics—it is about protecting our communities. We need real reform in this year’s budget to restore accountability and give prosecutors the tools they need to do their jobs,” said Senator Mario R. Mattera. 

“We must include discovery reforms in this year's budget to support law enforcement in their efforts to protect our communities. Since the 2019 changes, we have seen a rise in crime and growing concerns from law enforcement about the burdens placed on investigations and prosecutions. We have cases being dismissed on technicalities as a result of these discovery rule changes. Justice should not come at the expense of public safety.  We see the same individuals paraded before the courts and then being sent back out on the streets. It's time to fix the system, restore balance, stand up for victims, and ensure that our laws prioritize both fairness and the security of the people we serve,” said Senator Dean Murray.  

“Discovery reform has been a disaster. Where is the justice for crime victims with cases being dismissed on an irrelevant technicality.  All we get from Albany Democrats is the weakening of our criminal justice system with complete disregard for victims. When will Albany Democrats finally come to their senses? When will the Legislature’s Democrat majorities finally hear the demands of so many New Yorkers who don’t feel safe anymore? It is long past time for Albany Democrats to address their failed soft-on-crime, anti-law-and-order approach to criminal justice and recognize a rapidly deteriorating climate of public safety and security that has become the hallmark of New York government under their watch.” said Senator Tom O'Mara.

“The pro-criminal discovery reforms passed in 2019 have been disastrous and the Majority in Albany remains complacent while violent criminals roam free. I stand firmly in support of changes to the discovery process that fix our broken justice system, strengthen law enforcement, and equip prosecutors with the tools they need to convict these violent criminals,” said Senator Peter Oberacker.

“I have heard from District Attorney Offices and law enforcement officials from across the state, both Democrat and Republican, who all believe that changes to the Discovery Law are urgently needed to fix the state’s criminal justice system and help make our communities safer.  This flawed measure has hamstrung our District Attorneys and allowed countless criminals, especially dangerous repeat offenders, to remain on the streets and victimize more New Yorkers. Senate Democrats' refusal to make changes to the Discovery Law is a sad and deplorable continuation of their efforts to put the rights of criminals over the health and safety of law-abiding citizens,” said Senator Anthony Palumbo.

“For seven years, Albany Democrats have pursued a pro-criminal agenda at the expense of law-abiding residents, law enforcement and prosecutors. Time and again, a majority of New Yorkers have made it clear that we need to stop coddling criminals and restore law and order in our state. I’m proud to stand with my Senate Republican colleagues to fight for needed discovery reforms to be included in this year’s budget. Public safety must be addressed, so families can feel secure knowing violent offenders aren’t allowed free rein in our communities,” said Senator Dan Stec.

“New York’s forgotten citizens are crime victims and their families. The changes made to the discovery law along with so-called ‘bail reform’ have sadly tipped the scales of justice in favor of criminals over honest law-abiding citizens. We need to repeal the bail and discovery law as I propose in my bipartisan legislation (S.32) to bring the experts in: judges, district attorneys, law enforcement and crime victims, and start over to give judges reasonable discretion and provide real criminal justice reform,” said Senator Jim Tedisco.

“The current discovery law has left law enforcement and prosecutors hamstrung, leading to a surge in criminal case dismissals and a decline in public safety. We cannot afford to ignore the voices of victims and their families any longer. It's imperative that substantive discovery reforms are included in this budget to ensure that our justice system works for everyone—not just for those who break the law. We are calling on our colleagues across the aisle to prioritize public safety and work with us to implement the changes our communities desperately need,” said Senator Mark Walczyk.

"The common-sense discovery reforms proposed in the executive budget are a strong first step in restoring the tools district attorneys need to prosecute criminals and protect victims. Now, the Senate and Assembly Democrats must join the Republican conferences to get this across the finish line," said Senator Bill Weber.

Republicans' call comes on the heels of the ongoing state budget negotiations taking place between the Governor’s office and Senate and Assembly majorities. In the Senate and Assembly One House Budgets that were passed last week, they omitted language that would’ve modified New York State’s discovery laws as proposed in the Governor’s Executive Budget.  It was recently reported that New York City’s criminal courts have seen a huge uptick of 455 percent (an estimated 50,000 cases) in forced dismissals due to the 2019 discovery changes on the books today.