NY State Senate Bill 2015-S1828

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 15, 2015	referred to codes

2015-S1828 (ACTIVE) - Details

See Assembly Version of this Bill:: A3462
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §190.25, CP L; amd §215.70, Pen L
Versions Introduced in 2017-2018 Legislative Session:: A7323

2015-S1828 (ACTIVE) - Summary

Relates to the disclosure of information attending grand jury proceedings.

2015-S1828 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1828

TITLE OF BILL:  An act to amend the criminal procedure law and the
penal law, in relation to the disclosure of information attending
grand jury proceedings

PURPOSE OR GENERAL IDEA OF BILL:

To allow district attorneys, in the interest of justice and with
proper redaction, to disclose the nature or substance of any grand
jury testimony, evidence, or any decision, result or other matter
attending a grand jury proceeding based on a valid written request.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends criminal procedure law section 190.25(4) by allowing
district attorneys to disclose the nature or substance of grand jury
testimony, evidence, or any decision, result or other matter attending
a grand jury proceeding based on a valid written request.  District
attorneys could only do so in the interest of justice and upon a valid
written request. They would also be required to redact the names of
the grand jurors, the names of any witnesses appearing before the
grand jury, any evidence that may imperil the health or safety of any
grand juror or witness appearing before the grand jury, any evidence
that may identify any grand juror or witness appearing before the
grand jury, any information that could impact any current or ongoing

investigation, and any other information in the interest of public
safety.

Section 2 amends penal law section 215.70 to exempt public prosecutors
from the criminal law prohibition of the disclosure of grand jury
information.

Section 3 is the effective date.

JUSTIFICATION:

The grand jury process is shrouded in secrecy in New York State. While
much of that secrecy is appropriate and necessary, the disclosure of
limited information from grand jury proceedings will give the people
of New York an understanding of grand juries' processes and the
reasons for their decisions. The people of New York have an valid
interest in knowing how these important decisions have been made.

Redaction of sensitive and confidential information - as this bill
would require - will protect against any of the concerns with
disclosure of grand jury information.These include protecting the
names of grand jurors and grand jury witnesses, keeping confidential
any evidence that may identify or imperil the health or safety of
grand jurors or grand jury witnesses, keeping confidential any
information that could impact current or ongoing investigations,
preventing witness intimidation or tampering at a subsequent trial,
and preventing the disclosure of any other information that could
negatively affect public safety.

PRIOR LEGISLATIVE HISTORY:


New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

2015-S1828 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1828

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
  relation  to  the  disclosure  of  information  attending  grand  jury
  proceedings

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (a)  of subdivision 4 of section 190.25 of the
criminal procedure law, as amended by chapter 677 of the laws  of  1985,
is amended and a new paragraph (c) is added to read as follows:
  (a)  Grand  jury  proceedings are secret, and no grand juror, or other
person, EXCEPT THE DISTRICT ATTORNEY, specified in subdivision three  of
this  section  or  section  215.70  of the penal law, may, except in the
lawful discharge of his OR HER duties  or  upon  written  order  of  the
court,  disclose  the  nature  or substance of any grand jury testimony,
evidence, or any decision, result or other matter attending a grand jury
proceeding. For the purpose of assisting the grand  jury  in  conducting
its investigation, evidence obtained by a grand jury may be independent-
ly  examined  by  the  district  attorney,  members of his OR HER staff,
police officers specifically assigned to  the  investigation,  and  such
other  persons  as  the court may specifically authorize. [Such evidence
may not be disclosed to  other  persons  without  a  court  order.]  THE
DISTRICT ATTORNEY MAY DISCLOSE THE NATURE OR SUBSTANCE OF ANY GRAND JURY
TESTIMONY, EVIDENCE, OR ANY DECISION, RESULT OR OTHER MATTER ATTENDING A
GRAND  JURY PROCEEDING IN THE INTEREST OF JUSTICE BASED ON A VALID WRIT-
TEN REQUEST. Nothing contained herein  shall  prohibit  a  witness  from
disclosing his OR HER own testimony.
  (C)  WHEN A DISTRICT ATTORNEY DISCLOSES THE NATURE OR SUBSTANCE OF ANY
GRAND JURY TESTIMONY, EVIDENCE, OR ANY DECISION, RESULT OR OTHER  MATTER
ATTENDING  A  GRAND JURY PROCEEDING, HE OR SHE SHALL REDACT THE NAMES OF
THE GRAND JURORS, THE NAMES OF ANY WITNESSES APPEARING BEFORE THE  GRAND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08046-01-5

S. 1828                             2

JURY,  ANY  EVIDENCE  THAT MAY IMPERIL THE HEALTH OR SAFETY OF ANY GRAND
JUROR OR WITNESS APPEARING BEFORE THE GRAND JURY, ANY EVIDENCE THAT  MAY
IDENTIFY ANY GRAND JUROR OR WITNESS APPEARING BEFORE THE GRAND JURY, ANY
INFORMATION  THAT COULD IMPACT ANY CURRENT OR ONGOING INVESTIGATION, AND
ANY OTHER INFORMATION IN THE INTEREST OF PUBLIC SAFETY.
  S 2. Section 215.70 of the penal law, as amended by chapter 843 of the
laws of 1980, is amended to read as follows:
S 215.70 Unlawful grand jury disclosure.
  A person is guilty of unlawful grand jury  disclosure  when,  being  a
grand  juror,  [a public prosecutor,] a grand jury stenographer, a grand
jury interpreter, a police officer or a peace officer guarding a witness
in a grand jury proceeding, or  a  clerk,  attendant,  warden  or  other
public  servant  having official duties in or about a grand jury room or
proceeding, or a public officer or public employee,  he  OR  SHE  inten-
tionally  discloses to another the nature or substance of any grand jury
testimony, or any decision, result or other  matter  attending  a  grand
jury  proceeding  which  is required by law to be kept secret, except in
the proper discharge of his OR HER official duties or upon written order
of the court.  Nothing contained herein shall prohibit  a  witness  from
disclosing his own testimony.
  Unlawful grand jury disclosure is a class E felony.
  S 3. This act shall take effect immediately.

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Senate Bill S1828

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2015-S1828 (ACTIVE) - Details

2015-S1828 (ACTIVE) - Summary

2015-S1828 (ACTIVE) - Sponsor Memo

2015-S1828 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1828

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Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Codes Committee

2015-S1828 (ACTIVE) - Details

2015-S1828 (ACTIVE) - Summary

2015-S1828 (ACTIVE) - Sponsor Memo

2015-S1828 (ACTIVE) - Bill Text download pdf

Comments