Bill Text: NY A04086 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to supporting depositions that are served at the time of issuance of a simplified information.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - referred to codes [A04086 Detail]

Download: New_York-2023-A04086-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4086

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2023
                                       ___________

        Introduced  by M. of A. JONES, J. A. GIGLIO -- read once and referred to
          the Committee on Codes

        AN ACT to amend the criminal procedure law, in  relation  to  supporting
          depositions  that  are  served at the time of issuance of a simplified
          information

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 2 of section 100.25 of the criminal procedure
     2  law, as amended by chapter 67 of the laws of 1996, is amended to read as
     3  follows:
     4    2. A defendant charged by a simplified information is, upon  a  timely
     5  request,  entitled as a matter of right to have filed with the court and
     6  served upon him, or if he is represented by an attorney, upon his attor-
     7  ney, a supporting deposition of the complainant police officer or public
     8  servant, containing allegations of  fact,  based  either  upon  personal
     9  knowledge  or upon information and belief, providing reasonable cause to
    10  believe that the defendant committed the offense or offenses charged. To
    11  be timely, such a request must, except as otherwise provided herein  and
    12  in  subdivision three of this section, be made before entry of a plea of
    13  guilty to the charge specified and before commencement of a trial there-
    14  on, but not later than thirty days  after  the  date  the  defendant  is
    15  directed  to  appear  in  court as such date appears upon the simplified
    16  information and upon the appearance ticket issued pursuant  thereto.  If
    17  the  defendant's  request  is  mailed  to the court, the request must be
    18  mailed within such thirty day period. Upon such a request, unless other-
    19  wise served at the time of issuance, the court must order the  complain-
    20  ant  police officer or public servant to serve a copy of such supporting
    21  deposition upon the defendant or his attorney, within thirty days of the
    22  date such request is received by the court, or at least five days before
    23  trial, whichever is earlier, and to file such supporting deposition with
    24  the court together with proof of service  thereof.  Notwithstanding  any

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06830-01-3
        A. 4086                             2

     1  provision  to  the  contrary,  where a defendant is issued an appearance
     2  ticket in conjunction with the offense charged in the simplified  infor-
     3  mation  and the appearance ticket fails to conform with the requirements
     4  of  subdivision two of section 150.10 of this title, a request is timely
     5  when made not later than thirty days after (a) entry of the  defendant's
     6  plea  of  not guilty when he or she has been arraigned in person, or (b)
     7  written notice to the defendant  of  his  or  her  right  to  receive  a
     8  supporting  deposition  when  a plea of not guilty has been submitted by
     9  mail.
    10    § 2. This act shall take effect immediately.