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A06499 Summary:

BILL NOA06499
 
SAME ASSAME AS S06534
 
SPONSORSeptimo
 
COSPNSR
 
MLTSPNSR
 
Amd §255.20, CP L
 
Relates to the timeframe for filing pre-trial motions in criminal cases.
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A06499 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6499
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 5, 2025
                                       ___________
 
        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.
                                                                   LBD07840-01-5
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