Senate Bill S2044

2015-2016 Legislative Session

Relates to exculpatory material

download bill text pdf

Sponsored By

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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2015-S2044 (ACTIVE) - Details

See Assembly Version of this Bill:
A7278
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §240.25, amd §§240.20 & 440.10, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7893
2011-2012: S3276
2013-2014: S3322
2017-2018: S3346, A3512
2019-2020: S2197

2015-S2044 (ACTIVE) - Summary

Relates to exculpatory material and requires disclosure of such to the defense.

2015-S2044 (ACTIVE) - Sponsor Memo

2015-S2044 (ACTIVE) - Bill Text download pdf

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

                                  2044

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

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

AN ACT to amend the criminal procedure law, in relation  to  exculpatory
  material

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

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 240.25 to read as follows:
S 240.25 DISCLOSURE OF INFORMATION EXCULPATORY TO THE DEFENSE.
  1.  DEFINITION.   EXCULPATORY INFORMATION INCLUDES, BUT IS NOT LIMITED
TO, INFORMATION THAT IS MATERIAL AND FAVORABLE TO  THE  ACCUSED  BECAUSE
THE INFORMATION:
  (A) CASTS DOUBT ON WHETHER THE CONDUCT OF THE ACCUSED SATISFIED ONE OR
MORE  OF THE ELEMENTS OF A CRIME CHARGED IN THE INDICTMENT, INFORMATION,
OR OTHER CHARGING INSTRUMENT;
  (B) CASTS DOUBT ON WHETHER THE CRIME CHARGED OCCURRED;
  (C) CASTS DOUBT ON THE ADMISSIBILITY OF EVIDENCE THAT  THE  PROSECUTOR
ANTICIPATES  OFFERING  IN  THE  PROSECUTION'S  CASE-IN-CHIEF BECAUSE THE
INFORMATION PROVIDES A BASIS FOR A MOTION TO SUPPRESS  OR  EXCLUDE  SUCH
EVIDENCE;
  (D)  CASTS  DOUBT ON THE CREDIBILITY OR ACCURACY OF TESTIMONY OR OTHER
EVIDENCE  THAT  THE  PROSECUTOR  ANTICIPATES  OFFERING  IN  HIS  OR  HER
CASE-IN-CHIEF;
  (E) DIMINISHES THE DEGREE OF THE ACCUSED'S CULPABILITY OR THE LEVEL OF
OFFENSE CHARGED;
  (F)  SUPPORTS  A  DEFENSE TO THE CHARGE OR CHARGES PENDING AGAINST THE
ACCUSED;
  (G) MITIGATES, REDUCES OR AFFECTS THE SENTENCE THAT MUST OR  MIGHT  BE
IMPOSED;
  (H)  TENDS  TO  LEAD  TO INFORMATION THAT WOULD SATISFY PARAGRAPHS (A)
THROUGH (G) OF THIS SUBDIVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07811-01-5
              

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