Provides that any writing or record made as a memorandum or record of any act, transaction, occurrence or event, may be received in grand jury proceedings as evidence of proof that such act, transaction, occurrence or event, if it was made in the regular course of any business.
STATE OF NEW YORK
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9758
IN SENATE
April 3, 2026
___________
Introduced by Sen. MYRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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 may be received in such grand jury proceedings
5 as evidence of the following facts and similar facts stated therein:
6 (i) a person's use of, subscription to and charges and payments for
7 communication equipment and services including but not limited to equip-
8 ment or services provided by telephone companies and internet service
9 providers, but not including recorded conversations or images communi-
10 cated thereby; and
11 (ii) financial transactions, and a person's ownership or possessory
12 interest in any account, at a bank, insurance company, brokerage,
13 exchange or banking organization as defined in section two of the bank-
14 ing law] Any writing or record, whether in the form of an entry in a
15 book or otherwise, made as a memorandum or record of any act, trans-
16 action, occurrence or event, may be received in such grand jury
17 proceedings as evidence of proof that such act, transaction, occurrence
18 or event, if it was made in the regular course of any business and that
19 it was the regular course of such business to make it, at the time of
20 the act, transaction, occurrence or event, or within a reasonable time
21 thereafter. An electronic record, as defined in section three hundred
22 two of the state technology law, used or stored as such a memorandum or
23 record, may be received in such grand jury proceedings as evidence in a
24 tangible exhibit that is a true and accurate representation of such
25 electronic record. The term business includes a business, profession,
26 occupation and calling of every kind.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10861-05-6
S. 9758 2
1 § 2. Paragraph (c) of subdivision 8 of section 190.30 of the criminal
2 procedure law, as added by chapter 279 of the laws of 2008, is amended
3 to read as follows:
4 (c) Any business record offered to a grand jury pursuant to paragraph
5 (a) of this subdivision that includes material [beyond that described in
6 such paragraph (a)] outside the scope of the business record as regular-
7 ly generated shall be redacted to exclude such additional material, or
8 received subject to a limiting instruction that the grand jury shall not
9 consider such additional material in support of any criminal charge.
10 § 3. This act shall take effect immediately.
