Bill Text: NY A02650 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to establishing guidelines for DAs with regard to electronic conversion of certain records, books or papers in the care or custody of DAs that are more than 10 years old.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2020-07-14 - held for consideration in judiciary [A02650 Detail]

Download: New_York-2019-A02650-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2650
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 24, 2019
                                       ___________
        Introduced  by  M.  of  A. CROUCH, BRABENEC, FRIEND, MORINELLO -- Multi-
          Sponsored by -- M.  of A. HAWLEY -- read  once  and  referred  to  the
          Committee on Judiciary
        AN  ACT to amend the judiciary law, establishing guidelines for district
          attorneys with regard to electronic conversions  of  certain  records,
          books or papers in the care, custody or control of the district attor-
          ney which are more than ten years old
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 89 of the judiciary law is amended by adding a  new
     2  subdivision 3 to read as follows:
     3    3.  Notwithstanding  an  other  provisions of law, the justices of the
     4  appellate division of the supreme court in each judicial department  may
     5  on  application  of the district attorney of any county within its judi-
     6  cial department, direct, by order, that the district attorney may  elec-
     7  tronically  file, whether by electronic scan or microfiche, any records,
     8  books or papers in the care, custody or control of the district attorney
     9  which are more than ten years old, whether currently in use or not,  the
    10  electronic  filing of which in the opinion of the justices of the appel-
    11  late division would serve no legal, practical or useful purpose,  except
    12  any  records,  books  or  papers  related to a homicide case, as defined
    13  under section 125.00 of the penal law, whether currently in use or  not,
    14  as  well  as  any permanent records of criminal cases, printed and bound
    15  volumes of cases on appeal and original indictments. The justices of the
    16  appellate division as a condition of such disposition  may  require  the
    17  written  consent  of  any  state or local department or agency having an
    18  interest in such records, books or papers.
    19    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02797-01-9
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