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A06396 Summary:

BILL NOA06396
 
SAME ASSAME AS S05569
 
SPONSORSeptimo
 
COSPNSR
 
MLTSPNSR
 
Amd §255.20, CP L
 
Relates to the timeframe for filing pre-trial motions in criminal cases.
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A06396 Actions:

BILL NOA06396
 
04/06/2023referred to codes
01/03/2024referred to codes
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A06396 Memo:

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.
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A06396 Text:



 
                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
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