Brabenec, Brown K, DeStefano, Lemondes, McDonough, Miller, Morinello
MLTSPNSR
Amd §89, Judy L
Relates to establishing guidelines for DAs with regard to electronic conversion of certain records, books or papers in the care, custody or control of DAs that are more than 10 years old.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2502
SPONSOR: Angelino TITLE OF BILL:
An act to amend the judiciary law, establishing guidelines for district
attorneys with regard to electronic conversions of certain records,
books or papers in the care, custody or control of the district attorney
which are more than ten years old
PURPOSE OR GENERAL IDEA OF BILL:
To aid district attorneys facing issues regarding the storage of files.
SUMMARY OF PROVISIONS:
Section 1. Section 89 of the judiciary law is amended by adding a new
subdivision (3) provides that a district attorney may convert records,
books or papers in the care, custody or control of the district attorney
which are more than ten years old to an electronic format, whether by
electronically scan or microfiche.
EXISTING LAW:
Section 89 of the Judiciary Law provides that a district attorney may
apply to the court for records over twenty-five years old to be
destroyed. However, the Judiciary Law does not provide guidance on
converting paper files to electronic format.
JUSTIFICATION:
This bill will serve to alleviate the burden of physical file retention
for district attorneys by creating statutory guidelines for transferring
records, books or papers in the care, custody or control of the district
attorney to electronic file format, be it microfiche or an electronic
scan. This legislation will serve to create a state-wide uniform proce-
dure for the filing of existing records. There have been previous bills
introduced which seek to allow for the commencement and filing of
certain court documents by electronic filing, but none that address the
storage issues district attorneys are now facing by having to maintain
physical records for upwards of 25 years.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2502
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. ANGELINO, BRABENEC, K. BROWN, DeSTEFANO,
LEMONDES, McDONOUGH, MILLER, MORINELLO -- read once and referred to
the Committee on Judiciary
AN ACT to amend the judiciary law, establishing guidelines for district
attorneys with regard to electronic conversions of certain records,
books or papers in the care, custody or control of the district attor-
ney which are more than ten years old
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 89 of the judiciary law is amended by adding a new
2 subdivision 3 to read as follows:
3 3. Notwithstanding an other provisions of law, the justices of the
4 appellate division of the supreme court in each judicial department may
5 on application of the district attorney of any county within its judi-
6 cial department, direct, by order, that the district attorney may elec-
7 tronically file, whether by electronic scan or microfiche, any records,
8 books or papers in the care, custody or control of the district attorney
9 which are more than ten years old, whether currently in use or not, the
10 electronic filing of which in the opinion of the justices of the appel-
11 late division would serve no legal, practical or useful purpose, except
12 any records, books or papers related to a homicide case, as defined
13 under section 125.00 of the penal law, whether currently in use or not,
14 as well as any permanent records of criminal cases, printed and bound
15 volumes of cases on appeal and original indictments. The justices of the
16 appellate division as a condition of such disposition may require the
17 written consent of any state or local department or agency having an
18 interest in such records, books or papers.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06452-01-3
