NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6396
SPONSOR: Septimo
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to the filing of
pre-trial motions in criminal cases
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 1 of section 255.20 of the criminal
procedure 2 law, with respect to the timing when pre-trial motions may
be filed.
 
JUSTIFICATION:
This amendment to the criminal procedure law will allow a defendant to
file pre-trial motions after having the opportunity to review complete
discovery. This is necessary to safeguard a defendant's ability to
ensure fairness in discovery practice, and ensure that criminal cases
are decided both accurately and promptly. In 2019, New York State
enacted the Discovery for Justice Reform Act ("DJRA"). The DJRA was
passed following nearly half a century of "trial by ambush," where
people were forced to accept plea deals or go to trial without ever
knowing the evidence in their cases. Prior to the passage of that bill,
New York was ranked third in the country in wrongful convictions. One
crucial provision of the DJRA requirect that prosecutors provide the
full range of discovery prior to the acceptance of a plea bargain.
However, a relic of the old "trial by ambush" discovery framework
remains with respect to the timing of pre-trial motions under C.P.L.
255.20(1). Counter to common sense and the intent of the DJRA, current
law still requires a defendant to file pre-trial motions before they
have received all discoverable materials. Therefore, this legislation
simply seeks to correct for the current system, which puts the proverbi-
al cart before the horse.
Importantly, this legislation doesn't create any new obligations; it
simply relates to the timing of when pre-trial motions-which every
defendant already has the legal right to make---are made. Moreover, this
legislation will create a more efficient and less costly system. The
current structure is not only unjust, but also inefficient and costly
because a defendant is essentially forced to file pretrial motions
before he or she has had an opportunity to review complete discovery.
For example, under the current law, defendants are effectively forced to
challenge the legality of a stop or search before they even have
received body camera footage or written records from law enforcement.
Having such evidence will likely make many pre-trial motions and eviden-
tiary hearings in such cases moot, and will therefore save judicial
resources.
In brief, this legislation is necessary to safeguard a criminal defend-
ant's ability to file pre-trial motions, to ensure fairness in discovery
practice, and to facilitate the prompt and accurate disposition of crim-
inal cases.
 
PRIOR LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
To Be Determined
 
EFFECTIVE DATE:
This bill takes effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6396
2023-2024 Regular Sessions
IN ASSEMBLY
April 6, 2023
___________
Introduced by M. of A. SEPTIMO -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to the filing of
pre-trial motions in criminal cases
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 255.20 of the criminal procedure
2 law, as amended by section 7 of part LLL of chapter 59 of the laws of
3 2019, is amended to read as follows:
4 1. Except as otherwise expressly provided by law, whether the defend-
5 ant is represented by counsel or elects to proceed pro se, all pre-trial
6 motions shall be served or filed within forty-five days after arraign-
7 ment or the filing of a proper certificate of compliance pursuant to
8 subdivision one of section 245.50 of this title, whichever is later, and
9 before commencement of trial, or within such additional time as the
10 court may fix upon application of the defendant made prior to entry of
11 judgment. In an action in which either (a) material or information has
12 been disclosed pursuant to paragraph (b), (m) or (n) of subdivision one
13 of section 245.20 of this title, (b) an eavesdropping warrant and appli-
14 cation have been furnished pursuant to section 700.70 of this chapter,
15 or (c) a notice of intention to introduce evidence has been served
16 pursuant to section 710.30 of this chapter, such period shall be
17 extended until forty-five days after the last date of such service. If
18 the defendant is not represented by counsel and has requested an
19 adjournment to obtain counsel or to have counsel assigned, such forty-
20 five day period shall commence on the date counsel initially appears on
21 defendant's behalf.
22 § 2. This act shall take effect on the ninetieth day after it shall
23 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08719-01-3