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A09787 Summary:

BILL NOA09787
 
SAME ASSAME AS S05424
 
SPONSORMosley
 
COSPNSRHeastie, Sepulveda, Gottfried, Gantt, Cook, Perry, Pretlow, Dinowitz, Lifton, Rosenthal L, Crespo, Weprin, Rodriguez, Kim, Pichardo, Walker, Barron, Seawright, Joyner, Blake, Hyndman, Jaffee, Jean-Pierre, Espinal
 
MLTSPNSRCarroll, Davila
 
Amd 190.25, CP L
 
Provides that in grand jury proceedings when following submission to a grand jury of a criminal charge or charges, the grand jury dismisses all charges presented or directs the district attorney to dismiss all charges or directs the DA to file in a local criminal court an application for disclosure of certain materials; authorizes the court to limit disclosure of certain items where there is a reasonable likelihood that such disclosure may lead to the identity of a witness who is not a public servant or expert witness; makes related provisions.
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A09787 Actions:

BILL NOA09787
 
02/08/2018referred to codes
03/05/2018reported
03/08/2018advanced to third reading cal.711
06/12/2018passed assembly
06/12/2018delivered to senate
06/12/2018REFERRED TO RULES
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A09787 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9787
 
SPONSOR: Mosley (MS)
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to grand jury proceedings   PURPOSE OR GENERAL IDEA OF BILL: The bill is designed to increase transparency and facilitate additional involvement of the court in grand jury proceedings.   SUMMARY OF PROVISIONS: Section one would amend subdivision two of section 190.25 of the Crimi- nal Procedure Law to assure that, as a part of carrying out his or her duties under law, a judge of the superior court is authorized.to be present in the grand jury room, except during deliberations and voting by the grand jury. Section two would make information and records concerning certain grand jury proceedings more readily available to the public. In proceedings involving any defendant, when the grand jury does not bring an indict- ment for a felony charge, the following information would be available for release: the criminal charges submitted, legal instructions given to the grand jury, testimony of expert witnesses, testimony of public serv- ants who testified in an official capacity, and the testimony of other witnesses (redacted as necessary to prevent discovery of their names and personal data or information that may reveal identity). Both the district attorney and the person against whom charges were presented would be able to appear and be heard in support of or oppo- sition to any application for release of such information and records. Additionally the court will consider whether disclosure would reveal the identities of witnesses, imperil the health or safety of a grand juror or witness, jeopardize a current or future criminal investigation, create a threat to public safety, or if it is not in the interests of justice. In the event that the court determines disclosure in whole or in part is not appropriate, it will issue a written order.   JUSTIFICATION: This legislation is designed to foster public confidence in the judicial system in several ways. First, in all cases, it expressly authorizes the presence of a superior court judge in the grand jury room, except during deliberations and voting. Under existing law, the grand jury is empa- neled by the superior court and "constitutes a part of such court." The judge, along with the district attorney, serves as legal advisor to the grand jury. Thus it is appropriate that the judge be among the persons authorized by CPL § 190.25 (3) to be in the grand jury room. Second, this bill will enhance public trust in our grand jury process by granting the court the authority to disclose grand jury material when it serves the public interest. Currently when an indictment occurs, public charges are filed and the public generally learns the specific charges and, as the matter unfolds, further details. However, when no indict- ment occurs, all information about the proceedings remains secret, unless released under limited circumstances. This lack of information and closed process often leaves individuals distrustful of the system and skeptical of its fairness. This bill functions to create circum- stances where disclosure is warranted because the public is already aware of the grand jury proceedings and the identity of the suspect, and has an interest in the disclosure.   PRIOR LEGISLATIVE HISTORY: 2017: A.4877 (Heastie) Passed the Assembly   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: The bill would have minimal additional costs.   EFFECTIVE DATE: The bill takes effect in thirty days.
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A09787 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9787
 
                   IN ASSEMBLY
 
                                    February 8, 2018
                                       ___________
 
        Introduced  by  M.  of  A. MOSLEY, HEASTIE, SEPULVEDA, GOTTFRIED, GANTT,
          COOK, PERRY, PRETLOW, DINOWITZ, LIFTON, L. ROSENTHAL, CRESPO,  WEPRIN,
          RODRIGUEZ,  KIM,  PICHARDO,  WALKER, BARRON, SEAWRIGHT, JOYNER, BLAKE,
          HYNDMAN, JAFFEE,  JEAN-PIERRE  --  Multi-Sponsored  by  --  M.  of  A.
          CARROLL, DAVILA -- read once and referred to the Committee on Codes

        AN  ACT  to  amend the criminal procedure law, in relation to 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 (d) of subdivision 3 of section 190.25 of the
     2  criminal procedure law is amended and a new paragraph (a-1) is added  to
     3  read as follows:
     4    (a-1) A judge or justice of the superior court;
     5    (d)  An  interpreter. Upon request of the grand jury or the court, the
     6  prosecutor must provide an interpreter to interpret the testimony of any
     7  witness who does not speak the English language well enough to be readi-
     8  ly understood. Such interpreter must, if he or she  has  not  previously
     9  taken  the  constitutional oath of office, first take an oath before the
    10  grand jury that he or she will faithfully interpret the testimony of the
    11  witness and that he or she will keep  secret  all  matters  before  such
    12  grand jury within his or her knowledge;
    13    §  2. Subdivision 4 of section 190.25 of the criminal procedure law is
    14  amended by adding six new paragraphs (c), (d), (e), (f), (g) and (h)  to
    15  read as follows:
    16    (c)  In  addition to paragraphs (a) and (b) of this subdivision, when,
    17  following submission to a grand jury of a criminal  charge  or  charges,
    18  the  grand  jury dismisses all charges presented or directs the district
    19  attorney to file in a local criminal court  a  prosecutor's  information
    20  charging  an offense other than a felony, as provided in subdivision one
    21  of section 190.70 of this article, an application may  be  made  to  the
    22  superior  court for disclosure of the following material relating to the
    23  proceedings before such grand jury:
    24    (i) the criminal charge or charges submitted;
    25    (ii) the legal instructions provided to the grand jury;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09605-02-7

        A. 9787                             2
 
     1    (iii) the testimony of all public servants who testified in  an  offi-
     2  cial  capacity  before  the  grand  jury and of all persons who provided
     3  expert testimony; and
     4    (iv) the testimony of all other persons who testified before the grand
     5  jury, redacted as necessary to prevent discovery of their names and such
     6  other  personal  data  or  information that may reveal or help to reveal
     7  their identities.
     8    (d) The application specified in paragraph (c) of this subdivision may
     9  be made by any person, must be in writing and, except where made by  the
    10  people,  must  be  upon  notice to the people. The court shall direct or
    11  provide notice to any other appropriate person  or  agency.  Where  more
    12  than  one  application is made hereunder in relation to such a dismissal
    13  or direction, the court may consolidate such applications and  determine
    14  them together. When no application hereunder is made, the superior court
    15  may  order  disclosure on its own motion as provided in paragraph (e) of
    16  this subdivision at any time following  notice  to  the  people  and  an
    17  opportunity  to be heard and reasonable efforts to notify and provide an
    18  opportunity to be heard to any other appropriate person or agency.
    19    (e) Upon an application as provided in paragraph (c) of this  subdivi-
    20  sion  or  on  the court's own motion, the court, after providing persons
    21  given notice an opportunity to be heard, shall determine whether:
    22    (i) a significant number of members of the general public in the coun-
    23  ty in which the grand jury was drawn and impaneled are likely aware that
    24  a criminal investigation had  been  conducted  in  connection  with  the
    25  subject matter of the grand jury proceeding; and
    26    (ii)  a  significant  number  of members of the general public in such
    27  county are likely aware of the identity of the subject against whom  the
    28  criminal  charge  specified  in  paragraph  (c)  of this subdivision was
    29  submitted to a grand jury, or such subject has consented to such disclo-
    30  sure; and
    31    (iii) there is significant public interest in disclosure.
    32    Where the court is satisfied that all three of these factors are pres-
    33  ent, and except as provided in paragraph (f) of  this  subdivision,  the
    34  court  shall direct the district attorney to promptly disclose the items
    35  specified in paragraph (c) of this subdivision.
    36    (f) Notwithstanding any  other  provisions  of  this  subdivision,  on
    37  application of the district attorney or any interested person, or on its
    38  own  motion,  the court shall limit disclosure of the items specified in
    39  paragraph (c) of this subdivision, in whole or  part,  where  the  court
    40  determines  there  is  a  reasonable likelihood that such disclosure may
    41  lead to discovery of the identity of a witness who is not a public serv-
    42  ant or expert witness, imperil the health or safety of a grand juror who
    43  participated in the proceeding or a  witness  who  appeared  before  the
    44  grand jury, jeopardize an identified current or future criminal investi-
    45  gation, create a specific threat to public safety, or despite the inter-
    46  ests  reflected  by  this  subdivision  is  contrary to the interests of
    47  justice.
    48    (g) Where a court determines not to direct disclosure, in whole or  in
    49  part, pursuant to this subdivision, it shall do so promptly in a written
    50  order  that  shall  explain with specificity, to the extent practicable,
    51  the basis for its determination.
    52    (h) Nothing in this paragraph or paragraphs (c), (d), (e), (f) or  (g)
    53  of  this subdivision shall be interpreted as limiting or restricting any
    54  broader right of access to grand jury materials  under  any  other  law,
    55  common law or court precedent.

        A. 9787                             3
 
     1    §  3.  This  act shall take effect on the thirtieth day after it shall
     2  have become a law.
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