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S08298 Summary:

BILL NOS08298
 
SAME ASSAME AS A07896
 
SPONSORHOYLMAN-SIGAL
 
COSPNSR
 
MLTSPNSR
 
Amd §190.30, CP L
 
Clarifies the definition of business records and the use of such records in grand jury proceedings.
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S08298 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8298
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 30, 2025
                                       ___________
 
        Introduced  by Sen. HOYLMAN-SIGAL -- 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  business
          records in grand jury proceedings
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a) of subdivision 8 of  section  190.30  of  the
     2  criminal  procedure law, as added by chapter 279 of the laws of 2008, is
     3  amended to read as follows:
     4    (a) A business record as defined in rule forty-five  hundred  eighteen
     5  of  the  civil practice law and rules generated by a business entity may
     6  be received in such grand jury proceedings as evidence [of the following
     7  facts and similar facts stated therein:
     8    (i) a person's use of, subscription to and charges  and  payments  for
     9  communication equipment and services including but not limited to equip-
    10  ment  or  services  provided by telephone companies and internet service
    11  providers, but not including recorded conversations or  images  communi-
    12  cated thereby; and
    13    (ii)  financial  transactions,  and a person's ownership or possessory
    14  interest in any  account,  at  a  bank,  insurance  company,  brokerage,
    15  exchange  or banking organization as defined in section two of the bank-
    16  ing law].
    17    § 2. Paragraph (c) of subdivision 8 of section 190.30 of the  criminal
    18  procedure  law,  as added by chapter 279 of the laws of 2008, is amended
    19  to read as follows:
    20    (c) Any business record offered to a grand jury pursuant to  paragraph
    21  (a) of this subdivision that includes material [beyond that described in
    22  such paragraph (a)] outside the scope of the business record as regular-
    23  ly  generated  shall be redacted to exclude such additional material, or
    24  received subject to a limiting instruction that the grand jury shall not
    25  consider such additional material in support of any criminal charge.
    26    § 3. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10861-01-5
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