STATE OF NEW YORK
________________________________________________________________________
9105
IN ASSEMBLY
January 21, 2020
___________
Introduced by M. of A. THIELE, GRIFFIN -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to issuing an
additional stay of up to twenty-one days for the timing of discovery
in certain courts
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 1 of section 245.10 of the
2 criminal procedure law, as amended by section 2 of part LLL of chapter
3 59 of the laws of 2019, is amended to read as follows:
4 (a) The prosecution shall perform its initial discovery obligations
5 under subdivision one of section 245.20 of this article as soon as prac-
6 ticable but not later than fifteen calendar days after the defendant's
7 arraignment on an indictment, superior court information, prosecutor's
8 information, information, simplified information, misdemeanor complaint
9 or felony complaint. Portions of materials claimed to be non-discovera-
10 ble may be withheld pending a determination and ruling of the court
11 under section 245.70 of this article; but the defendant shall be noti-
12 fied in writing that information has not been disclosed under a partic-
13 ular subdivision of such section, and the discoverable portions of such
14 materials shall be disclosed to the extent practicable. When the discov-
15 erable materials are exceptionally voluminous or, despite diligent, good
16 faith efforts, are otherwise not in the actual possession of the prose-
17 cution, the time period in this paragraph may be stayed by up to an
18 additional thirty calendar days without need for a motion pursuant to
19 subdivision two of section 245.70 of this article. Notwithstanding the
20 foregoing, in a town or village court which convenes on a bi-monthly
21 basis or less frequently, the time periods in this paragraph may be
22 stayed by up to an additional twenty-one days without need for a motion
23 pursuant to subdivision two of section 245.70 of this article.
24 § 2. This act shall take effect immediately; provided, however that if
25 section 2 of part LLL of chapter 59 of the laws of 2019 shall not have
26 taken effect on or before such date, then section one of this act shall
27 take effect on the same date and in the same manner as such section 2 of
28 part LLL of chapter 59 of the laws of 2019, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14512-02-9