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S06534 Summary:

BILL NOS06534
 
SAME ASSAME AS A06499
 
SPONSORBRISPORT
 
COSPNSRSALAZAR
 
MLTSPNSR
 
Amd §255.20, CP L
 
Relates to the timeframe for filing pre-trial motions in criminal cases.
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S06534 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6534
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 17, 2025
                                       ___________
 
        Introduced by Sens. BRISPORT, SALAZAR -- read twice and ordered printed,
          and when printed to be committed to the Committee 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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