Bill Text: NY A09105 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to issuing an additional stay of up to twenty-one days for the timing of discovery in certain courts.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-21 - referred to codes [A09105 Detail]

Download: New_York-2019-A09105-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9105

                   IN ASSEMBLY

                                    January 21, 2020
                                       ___________

        Introduced  by M. of A. THIELE, GRIFFIN -- read once and referred to the
          Committee on Codes

        AN ACT to amend the criminal procedure law, in relation  to  issuing  an
          additional  stay  of up to twenty-one days for the timing of discovery
          in certain courts

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

     1    Section  1.  Paragraph  (a)  of subdivision 1 of section 245.10 of the
     2  criminal procedure law, as amended by section 2 of part LLL  of  chapter
     3  59 of the laws of 2019, is 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 calendar days after  the  defendant's
     7  arraignment  on  an indictment, superior court information, prosecutor's
     8  information, information, simplified information, misdemeanor  complaint
     9  or  felony complaint. Portions of materials claimed to be non-discovera-
    10  ble may be withheld pending a determination  and  ruling  of  the  court
    11  under  section  245.70 of this article; but the defendant shall be noti-
    12  fied in writing that information has not been disclosed under a  partic-
    13  ular  subdivision of such section, and the discoverable portions of such
    14  materials shall be disclosed to the extent practicable. When the discov-
    15  erable materials are exceptionally voluminous or, despite diligent, good
    16  faith efforts, are otherwise not in the actual possession of the  prose-
    17  cution,  the  time  period  in  this paragraph may be stayed by up to an
    18  additional thirty calendar days without need for a  motion  pursuant  to
    19  subdivision  two  of section 245.70 of this article. Notwithstanding the
    20  foregoing, in a town or village court which  convenes  on  a  bi-monthly
    21  basis  or  less  frequently,  the  time periods in this paragraph may be
    22  stayed by up to an additional twenty-one days without need for a  motion
    23  pursuant to subdivision two of section 245.70 of this article.
    24    § 2. This act shall take effect immediately; provided, however that if
    25  section  2  of part LLL of chapter 59 of the laws of 2019 shall not have
    26  taken effect on or before such date, then section one of this act  shall
    27  take effect on the same date and in the same manner as such section 2 of
    28  part LLL of chapter 59 of the laws of 2019, takes effect.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14512-02-9