A09830 Summary:

BILL NOA09830
 
SAME ASSAME AS S07609
 
SPONSORGriffin
 
COSPNSRWoerner, Stern, Thiele
 
MLTSPNSR
 
Amd 245.10, CP L
 
Increases the time allowed for initial discovery for the prosecution from fifteen to sixty calendar days after the defendant's arraignment on an indictment, superior court information, prosecutor's information, information, simplified information, misdemeanor complaint or felony complaint; provides for exceptions.
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A09830 Actions:

BILL NOA09830
 
02/19/2020referred to codes
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A09830 Committee Votes:

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A09830 Floor Votes:

There are no votes for this bill in this legislative session.
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A09830 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9830
 
                   IN ASSEMBLY
 
                                    February 19, 2020
                                       ___________
 
        Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
          tee on Codes
 
        AN ACT to amend the criminal procedure law, in relation to the timing of
          discovery
 
          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 added by section 2 of part LLL of chapter  59
     3  of  the  laws of 2019, is amended and two new paragraphs (d) and (e) are
     4  added to read as follows:
     5    (a) The prosecution shall perform its  initial  discovery  obligations
     6  under subdivision one of section 245.20 of this article as soon as prac-
     7  ticable  but  not  later  than  [fifteen]  sixty calendar days after the
     8  defendant's arraignment on an indictment,  superior  court  information,
     9  prosecutor's information, information, simplified information, misdemea-
    10  nor  complaint  or felony complaint. Portions of materials claimed to be
    11  non-discoverable may be withheld pending a determination and  ruling  of
    12  the  court under section 245.70 of this article; but the defendant shall
    13  be notified in writing that information has not been disclosed  under  a
    14  particular subdivision of such section, and the discoverable portions of
    15  such  materials  shall  be disclosed to the extent practicable. When the
    16  discoverable materials are exceptionally voluminous  or,  despite  dili-
    17  gent,  good faith efforts, are otherwise not in the actual possession of
    18  the prosecution, the time period in this paragraph may be stayed  by  up
    19  to an additional thirty calendar days without need for a motion pursuant
    20  to subdivision two of section 245.70 of this article.
    21    (d)  In the event the production of discovery would otherwise conflict
    22  or otherwise violate paragraph (c) or (d) of subdivision one of  section
    23  30.30  of this chapter, such time frames within such section 30.30 would
    24  be  extended  in the case of paragraph (c) of subdivision one of section
    25  30.30 of this chapter, an additional thirty days, and  in  the  case  of
    26  paragraph  (d)  of subdivision one of section 30.30 of this chapter,  an
    27  additional sixty days. The prosecution shall be responsible for  notify-
    28  ing the court of such time extension, and must certify to the court that
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14737-02-0

        A. 9830                             2
 
     1  all discovery has been completed, within the period stated in this para-
     2  graph, in order for the extension provisions of this section to apply.
     3    (e)    In  no  event shall this section apply to those cities having a
     4  population of one million or more. In such  instances,  the  prosecution
     5  shall perform its initial discovery obligations under subdivision one of
     6  section 245.20 of this article as soon as practicable but not later than
     7  fifteen  calendar  days  after the defendant's arraignment on an indict-
     8  ment, superior court information, prosecutor's information, information,
     9  simplified  information,  misdemeanor  complaint  or  felony  complaint.
    10  Portions  of  materials  claimed  to be non-discoverable may be withheld
    11  pending a determination and ruling of the court under section 245.70  of
    12  this article; but the defendant shall be notified in writing that infor-
    13  mation  has  not  been  disclosed under a particular subdivision of such
    14  section, and the  discoverable  portions  of  such  materials  shall  be
    15  disclosed to the extent practicable. When the discoverable materials are
    16  exceptionally  voluminous  or, despite diligent, good faith efforts, are
    17  otherwise not in the actual possession of the prosecution, the  time  in
    18  this paragraph may be stayed by up to an additional thirty calendar days
    19  without  need for a motion pursuant to subdivision two of section 245.70
    20  of this article.
    21    § 2. This act shall take effect immediately.
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