Relates to establishing guidelines for DAs with regard to electronic conversion of certain records, books or papers in the care or custody of DAs that are more than 10 years old.
STATE OF NEW YORK
________________________________________________________________________
1968
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
___________
Introduced by M. of A. CROUCH -- read once and referred to the Committee
on Judiciary
AN ACT to amend the judiciary law, establishing guidelines for district
attorneys with regard to electronic conversions of certain records,
books or papers in the care, custody or control of the district attor-
ney which are more than ten years old
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 89 of the judiciary law is amended by adding a new
2 subdivision 3 to read as follows:
3 3. Notwithstanding an other provisions of law, the justices of the
4 appellate division of the supreme court in each judicial department may
5 on application of the district attorney of any county within its judi-
6 cial department, direct, by order, that the district attorney may elec-
7 tronically file, whether by electronic scan or microfiche, any records,
8 books or papers in the care, custody or control of the district attorney
9 which are more than ten years old, whether currently in use or not, the
10 electronic filing of which in the opinion of the justices of the appel-
11 late division would serve no legal, practical or useful purpose, except
12 any records, books or papers related to a homicide case, as defined
13 under section 125.00 of the penal law, whether currently in use or not,
14 as well as any permanent records of criminal cases, printed and bound
15 volumes of cases on appeal and original indictments. The justices of the
16 appellate division as a condition of such disposition may require the
17 written consent of any state or local department or agency having an
18 interest in such records, books or papers.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04704-01-7
