NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7323
SPONSOR: Titone (MS) TITLE OF BILL: An act to amend the criminal procedure law and the
penal law, in relation to the disclosure of information attending grand
jury proceedings
PURPOSE OR GENERAL IDEA OF BILL:
To allow district attorneys, in the interest of justice and with proper
redaction, to disclose the nature or substance of any grand jury testi-
mony, evidence, or any decision, result or other matter attending a
grand jury proceeding based on a valid writ- ten request.
SUMMARY OF PROVISIONS:
Section 1 amends criminal procedure law section 190.25(4) by allowing
district attorneys to disclose the nature or substance of grand jury
testimony, evidence, or any decision, result or other matter attending a
grand jury proceeding based on a valid written request. District attor-
neys could only do so in the interest of justice and upon a valid writ-
ten request. They would also be required to redact the names of the
grand jurors, the names of any witnesses appearing before the grand
jury, any evidence that may imperil the health or safety of any grand
juror or witness appearing before the grand jury, any evidence that may
identify any grand juror or witness appearing before the grand jury, any
information that could impact any current or ongoing investigation, and
any other information in the interest of public safety.
Section 2 amends penal law section 215.70 to exempt public prosecutors
from the criminal law prohibition of the disclosure of grand jury infor-
mation.
Section 3 is the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION:
The grand jury process is shrouded in secrecy in New York State. While
much of that secrecy is appropriate and necessary, the disclosure of
limited information from grand jury proceedings will give the people of
New York an understanding of grand juries' processes and the reasons for
their decisions. The people of New York have a valid interest in knowing
how these important decisions have been made. Redaction of sensitive
and confidential information - as this bill would require - will protect
against any of the concerns with disclosure of grand jury information.
These include protecting the names of grand jurors and grand jury
witnesses, keeping confidential any evidence that may identify or imper-
il the health or safety of grand jurors or grand jury witnesses, keeping
confidential any information that could impact current or ongoing inves-
tigations, preventing witness intimidation or tampering at a subsequent
trial, and preventing the disclosure of any other information that could
negatively affect public safety.
PRIOR LEGISLATIVE HISTORY:
(2015-2016) A03462
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
Immediately
