Senate Bill S3877

2015-2016 Legislative Session

Relates to discovery requirements and procedures; repealer

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2015-S3877 (ACTIVE) - Details

See Assembly Version of this Bill:
A663
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld & add Art 240 §§240.10 - 240.70, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10648
2013-2014: S4678, A1642
2017-2018: S5005, A2098

2015-S3877 (ACTIVE) - Summary

Relates to discovery requirements and procedures.

2015-S3877 (ACTIVE) - Sponsor Memo

2015-S3877 (ACTIVE) - Bill Text download pdf

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

                                  3877

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced  by  Sens. PERKINS, PARKER -- 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  discovery
  requirements  and  procedures and to repeal certain provisions of such
  law relating thereto

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

  Section 1. Article 240 of the criminal procedure law is REPEALED and a
new article 240 is added to read as follows:
                               ARTICLE 240
             AUTOMATIC DISCOVERY PROCEDURE AND REQUIREMENTS
SECTION 240.10 AUTOMATIC DISCOVERY.
        240.20 RECIPROCAL DISCOVERY.
        240.30 DEPOSITIONS.
        240.35 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
        240.40 PRESERVATION OF EVIDENCE.
        240.43 DISCRETIONARY DISCOVERY BY ORDER OF THE COURT.
        240.44 CERTIFICATES OF COMPLIANCE.
        240.45 CONTINUING DUTY TO DISCLOSE.
        240.50 PROTECTIVE ORDERS.
        240.60 REMEDIES  AND SANCTIONS FOR NONCOMPLIANCE WITH THIS ARTI-
                CLE.
        240.70 LOST OR DESTROYED MATERIALS.
S 240.10 AUTOMATIC DISCOVERY.
  THE PROSECUTION IS HEREBY  REQUIRED  TO  PROVIDE  DISCOVERY  MATERIALS
WITHOUT  A  MOTION  BY DEFENSE BEFORE OR AT ARRAIGNMENT. THE PROSECUTION
SHALL DISCLOSE TO THE DEFENDANT, AND PERMIT THE DEFENDANT  TO  DISCOVER,
INSPECT,   COPY  OR  PHOTOGRAPH,  ALL  ITEMS  AND  INFORMATION  WHEN  IN
POSSESSION, CUSTODY OR CONTROL OF THE PROSECUTION OR PERSONS  UNDER  THE
PROSECUTION'S DIRECTION OR CONTROL INCLUDING BUT NOT LIMITED TO:
  1.  WITNESS  CONTACT  INFORMATION  AND ALL WRITTEN AND RECORDED STATE-
MENTS, AND THE SUBSTANCE OF ALL ORAL STATEMENTS. THE  PROBATION  DEPART-
MENT   IS  REQUIRED  TO  PROVIDE  THE  PARTIES  WITH  A  RECORD  OF  ALL
CONVICTIONS, COMPLAINTS, AND INDICTMENTS AGAINST ALL OF THE  PROSPECTIVE

              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.