Requires a court to evaluate whether the prosecution has established that the certificate of compliance or supplemental certificate of compliance was filed in good faith after exercising due diligence and making reasonable inquiries to learn of the discovery.
STATE OF NEW YORK
________________________________________________________________________
7313
2025-2026 Regular Sessions
IN SENATE
April 9, 2025
___________
Introduced by Sen. CLEARE -- 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 challenges to
or questions related to certificates of compliance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 245.50 of the criminal procedure law is amended by
2 adding a new subdivision 5 to read as follows:
3 5. In rendering a decision on a motion filed pursuant to paragraph (a)
4 of subdivision four of this section, the court must evaluate whether the
5 prosecution has established that the certificate of compliance or
6 supplemental certificate of compliance was filed in good faith after
7 exercising due diligence and making reasonable inquiries to learn of the
8 discovery required by subdivision one of section 245.20 of this article.
9 For purposes of this article, relevant factors for assessing due dili-
10 gence include, but are not limited to: the efforts made by the prose-
11 cution to comply with the requirements of this article, the timing of
12 the prosecution's efforts, the volume of discovery provided and volume
13 of outstanding discovery, the complexity of the case, how obvious any
14 missing material would likely have been to a reasonable prosecutor after
15 reviewing the case and other materials disclosed, the explanation for
16 any discovery lapse, and the prosecution's response when apprised of any
17 missing discovery. The prosecution's efforts shall not be deemed reason-
18 able or diligent if the prosecution has not performed its duties to
19 evaluate and disclose evidence under the state and federal consti-
20 tutions.
21 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11601-01-5
