Bill Text: NY A09054 | 2019-2020 | General Assembly | Introduced

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Bill Title: Extends the time period in which the prosecution shall perform its discovery obligations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-10 - referred to codes [A09054 Detail]

Download: New_York-2019-A09054-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9054

                   IN ASSEMBLY

                                    January 10, 2020
                                       ___________

        Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the criminal procedure law, in relation to extending the
          time period in which the prosecution shall perform its discovery obli-
          gations

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

     1    Section  1.  Paragraphs (a) and (b) of subdivision 1 of section 245.10
     2  of the criminal procedure law, as added by section  2  of  part  LLL  of
     3  chapter 59 of the laws of 2019, are amended to read as follows:
     4    (a)  The  prosecution  shall perform its initial discovery obligations
     5  under subdivision one of section 245.20 of this article as soon as prac-
     6  ticable but not later than [fifteen]  ninety  calendar  days  after  the
     7  defendant's  arraignment  on  an indictment, superior court information,
     8  prosecutor's information, information, simplified information, misdemea-
     9  nor complaint or felony complaint. Portions of materials claimed  to  be
    10  non-discoverable  may  be withheld pending a determination and ruling of
    11  the court under section 245.70 of this article; but the defendant  shall
    12  be  notified  in writing that information has not been disclosed under a
    13  particular subdivision of such section, and the discoverable portions of
    14  such materials shall be disclosed to the extent  practicable.  When  the
    15  discoverable  materials  are  exceptionally voluminous or, despite dili-
    16  gent, good faith efforts, are otherwise not in the actual possession  of
    17  the  prosecution,  the time period in this paragraph may be stayed by up
    18  to an additional thirty calendar days without need for a motion pursuant
    19  to subdivision two of section 245.70 of this article.
    20    (b) The prosecution shall perform  its  supplemental  discovery  obli-
    21  gations  under  subdivision  three  of section 245.20 of this article as
    22  soon as practicable but not later than [fifteen]  ninety  calendar  days
    23  prior to the first scheduled trial date.
    24    §  2. Paragraphs (g) and (s) of subdivision 1 of section 245.20 of the
    25  criminal procedure law, as added by section 2 of part LLL of chapter  59
    26  of the laws of 2019, are amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14642-02-0
        A. 9054                             2

     1    (g) All tapes or other electronic recordings, including all electronic
     2  recordings  of  911  telephone calls made or received in connection with
     3  the alleged criminal incident, and a designation by the prosecutor as to
     4  which of the recordings under this paragraph the prosecution intends  to
     5  introduce at trial or a pre-trial hearing. If the discoverable materials
     6  under  this  paragraph exceed ten hours in total length, the prosecution
     7  may disclose only the recordings that it intends to introduce  at  trial
     8  or  a pre-trial hearing, along with a list of the source and approximate
     9  quantity of other recordings and their general subject matter if  known,
    10  and the defendant shall have the right upon request to obtain recordings
    11  not  previously  disclosed. The prosecution shall disclose the requested
    12  materials as soon as practicable and  not  less  than  [fifteen]  ninety
    13  calendar days after the defendant's request, unless an order is obtained
    14  pursuant to section 245.70 of this article.
    15    (s) In any prosecution alleging a violation of the vehicle and traffic
    16  law, where the defendant is charged by indictment, superior court infor-
    17  mation,  prosecutor's  information,  information, or simplified informa-
    18  tion, all records of calibration, certification, inspection,  repair  or
    19  maintenance  of  machines and instruments utilized to perform any scien-
    20  tific tests and experiments, including but not limited to any test of  a
    21  person's  breath,  blood,  urine or saliva, for the period of six months
    22  prior and six months  after  such  test  was  conducted,  including  the
    23  records of gas chromatography related to the certification of all refer-
    24  ence  standards  and  the certification certificate, if any, held by the
    25  operator of the machine or  instrument.  The  time  period  required  by
    26  subdivision one of section 245.10 of this article shall not apply to the
    27  disclosure of records created six months after a test was conducted, but
    28  such  disclosure  shall be made as soon as practicable and in any event,
    29  the earlier of [fifteen] ninety days following receipt, or fifteen  days
    30  before the first scheduled trial date.
    31    § 3. This act shall take effect immediately.