|SAME AS||SAME AS S05424|
|COSPNSR||Heastie, Sepulveda, Gottfried, Gantt, Cook, Perry, Pretlow, Dinowitz, Lifton, Rosenthal L, Crespo, Weprin, Rodriguez, Kim, Pichardo, Walker, Barron, Seawright, Joyner, Blake, Hyndman, Jaffee, Jean-Pierre|
|Amd §190.25, CP L|
|Provides that in grand jury proceedings when following submission to a grand jury of a criminal charge or charges, the grand jury dismisses all charges presented or directs the district attorney to dismiss all charges or directs the DA to file in a local criminal court an application for disclosure of certain materials; authorizes the court to limit disclosure of certain items where there is a reasonable likelihood that such disclosure may lead to the identity of a witness who is not a public servant or expert witness; makes related provisions.|
|02/08/2018||referred to codes|
|03/08/2018||advanced to third reading cal.711|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9787 SPONSOR: Mosley (MS)
TITLE OF BILL: An act to amend the criminal procedure law, in relation to grand jury proceedings   PURPOSE OR GENERAL IDEA OF BILL: The bill is designed to increase transparency and facilitate additional involvement of the court in grand jury proceedings.   SUMMARY OF PROVISIONS: Section one would amend subdivision two of section 190.25 of the Crimi- nal Procedure Law to assure that, as a part of carrying out his or her duties under law, a judge of the superior court is authorized.to be present in the grand jury room, except during deliberations and voting by the grand jury. Section two would make information and records concerning certain grand jury proceedings more readily available to the public. In proceedings involving any defendant, when the grand jury does not bring an indict- ment for a felony charge, the following information would be available for release: the criminal charges submitted, legal instructions given to the grand jury, testimony of expert witnesses, testimony of public serv- ants who testified in an official capacity, and the testimony of other witnesses (redacted as necessary to prevent discovery of their names and personal data or information that may reveal identity). Both the district attorney and the person against whom charges were presented would be able to appear and be heard in support of or oppo- sition to any application for release of such information and records. Additionally the court will consider whether disclosure would reveal the identities of witnesses, imperil the health or safety of a grand juror or witness, jeopardize a current or future criminal investigation, create a threat to public safety, or if it is not in the interests of justice. In the event that the court determines disclosure in whole or in part is not appropriate, it will issue a written order.   JUSTIFICATION: This legislation is designed to foster public confidence in the judicial system in several ways. First, in all cases, it expressly authorizes the presence of a superior court judge in the grand jury room, except during deliberations and voting. Under existing law, the grand jury is empa- neled by the superior court and "constitutes a part of such court." The judge, along with the district attorney, serves as legal advisor to the grand jury. Thus it is appropriate that the judge be among the persons authorized by CPL § 190.25 (3) to be in the grand jury room. Second, this bill will enhance public trust in our grand jury process by granting the court the authority to disclose grand jury material when it serves the public interest. Currently when an indictment occurs, public charges are filed and the public generally learns the specific charges and, as the matter unfolds, further details. However, when no indict- ment occurs, all information about the proceedings remains secret, unless released under limited circumstances. This lack of information and closed process often leaves individuals distrustful of the system and skeptical of its fairness. This bill functions to create circum- stances where disclosure is warranted because the public is already aware of the grand jury proceedings and the identity of the suspect, and has an interest in the disclosure.   PRIOR LEGISLATIVE HISTORY: 2017: A.4877 (Heastie) Passed the Assembly   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: The bill would have minimal additional costs.   EFFECTIVE DATE: The bill takes effect in thirty days.
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STATE OF NEW YORK ________________________________________________________________________ 9787 IN ASSEMBLY February 8, 2018 ___________ Introduced by M. of A. MOSLEY, HEASTIE, SEPULVEDA, GOTTFRIED, GANTT, COOK, PERRY, PRETLOW, DINOWITZ, LIFTON, L. ROSENTHAL, CRESPO, WEPRIN, RODRIGUEZ, KIM, PICHARDO, WALKER, BARRON, SEAWRIGHT, JOYNER, BLAKE, HYNDMAN, JAFFEE, JEAN-PIERRE -- Multi-Sponsored by -- M. of A. CARROLL, DAVILA -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to grand jury proceedings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (d) of subdivision 3 of section 190.25 of the 2 criminal procedure law is amended and a new paragraph (a-1) is added to 3 read as follows: 4 (a-1) A judge or justice of the superior court; 5 (d) An interpreter. Upon request of the grand jury or the court, the 6 prosecutor must provide an interpreter to interpret the testimony of any 7 witness who does not speak the English language well enough to be readi- 8 ly understood. Such interpreter must, if he or she has not previously 9 taken the constitutional oath of office, first take an oath before the 10 grand jury that he or she will faithfully interpret the testimony of the 11 witness and that he or she will keep secret all matters before such 12 grand jury within his or her knowledge; 13 § 2. Subdivision 4 of section 190.25 of the criminal procedure law is 14 amended by adding six new paragraphs (c), (d), (e), (f), (g) and (h) to 15 read as follows: 16 (c) In addition to paragraphs (a) and (b) of this subdivision, when, 17 following submission to a grand jury of a criminal charge or charges, 18 the grand jury dismisses all charges presented or directs the district 19 attorney to file in a local criminal court a prosecutor's information 20 charging an offense other than a felony, as provided in subdivision one 21 of section 190.70 of this article, an application may be made to the 22 superior court for disclosure of the following material relating to the 23 proceedings before such grand jury: 24 (i) the criminal charge or charges submitted; 25 (ii) the legal instructions provided to the grand jury; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09605-02-7A. 9787 2 1 (iii) the testimony of all public servants who testified in an offi- 2 cial capacity before the grand jury and of all persons who provided 3 expert testimony; and 4 (iv) the testimony of all other persons who testified before the grand 5 jury, redacted as necessary to prevent discovery of their names and such 6 other personal data or information that may reveal or help to reveal 7 their identities. 8 (d) The application specified in paragraph (c) of this subdivision may 9 be made by any person, must be in writing and, except where made by the 10 people, must be upon notice to the people. The court shall direct or 11 provide notice to any other appropriate person or agency. Where more 12 than one application is made hereunder in relation to such a dismissal 13 or direction, the court may consolidate such applications and determine 14 them together. When no application hereunder is made, the superior court 15 may order disclosure on its own motion as provided in paragraph (e) of 16 this subdivision at any time following notice to the people and an 17 opportunity to be heard and reasonable efforts to notify and provide an 18 opportunity to be heard to any other appropriate person or agency. 19 (e) Upon an application as provided in paragraph (c) of this subdivi- 20 sion or on the court's own motion, the court, after providing persons 21 given notice an opportunity to be heard, shall determine whether: 22 (i) a significant number of members of the general public in the coun- 23 ty in which the grand jury was drawn and impaneled are likely aware that 24 a criminal investigation had been conducted in connection with the 25 subject matter of the grand jury proceeding; and 26 (ii) a significant number of members of the general public in such 27 county are likely aware of the identity of the subject against whom the 28 criminal charge specified in paragraph (c) of this subdivision was 29 submitted to a grand jury, or such subject has consented to such disclo- 30 sure; and 31 (iii) there is significant public interest in disclosure. 32 Where the court is satisfied that all three of these factors are pres- 33 ent, and except as provided in paragraph (f) of this subdivision, the 34 court shall direct the district attorney to promptly disclose the items 35 specified in paragraph (c) of this subdivision. 36 (f) Notwithstanding any other provisions of this subdivision, on 37 application of the district attorney or any interested person, or on its 38 own motion, the court shall limit disclosure of the items specified in 39 paragraph (c) of this subdivision, in whole or part, where the court 40 determines there is a reasonable likelihood that such disclosure may 41 lead to discovery of the identity of a witness who is not a public serv- 42 ant or expert witness, imperil the health or safety of a grand juror who 43 participated in the proceeding or a witness who appeared before the 44 grand jury, jeopardize an identified current or future criminal investi- 45 gation, create a specific threat to public safety, or despite the inter- 46 ests reflected by this subdivision is contrary to the interests of 47 justice. 48 (g) Where a court determines not to direct disclosure, in whole or in 49 part, pursuant to this subdivision, it shall do so promptly in a written 50 order that shall explain with specificity, to the extent practicable, 51 the basis for its determination. 52 (h) Nothing in this paragraph or paragraphs (c), (d), (e), (f) or (g) 53 of this subdivision shall be interpreted as limiting or restricting any 54 broader right of access to grand jury materials under any other law, 55 common law or court precedent.A. 9787 3 1 § 3. This act shall take effect on the thirtieth day after it shall 2 have become a law.