New York A 7936: Relates to challenges to or questions related to certificates of compliance

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A07936 Summary:

BILL NOA07936 

&nbsp

SAME ASSAME AS S07313

&nbsp

SPONSORRomero

&nbsp

COSPNSRWalker

&nbsp

MLTSPNSR

&nbsp

Amd §245.50, CP L

&nbsp

Requires a court to evaluate whether the prosecution has established that the certificate of compliance or supplemental certificate of compliance was filed in good faith after exercising due diligence and making reasonable inquiries to learn of the discovery.

Go to top A07936 Actions:

BILL NOA07936 

&nbsp

04/16/2025referred to codes

01/07/2026referred to codes

Go to topA07936 Committee&nbspVotes:

Go to topA07936 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07936 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7936

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 16, 2025
 ___________

 Introduced by M. of A. ROMERO, WALKER -- read once and referred to the
 Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to challenges to
 or questions related to certificates of compliance

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 245.50 of the criminal procedure law is amended by
 2 adding a new subdivision 5 to read as follows:
 3 5. In rendering a decision on a motion filed pursuant to paragraph (a)
 4 of subdivision four of this section, the court must evaluate whether the
 5 prosecution has established that the certificate of compliance or
 6 supplemental certificate of compliance was filed in good faith after
 7 exercising due diligence and making reasonable inquiries to learn of the
 8 discovery required by subdivision one of section 245.20 of this article.
 9 For purposes of this article, relevant factors for assessing due dili-
 10 gence include, but are not limited to: the efforts made by the prose-
 11 cution to comply with the requirements of this article, the timing of
 12 the prosecution's efforts, the volume of discovery provided and volume
 13 of outstanding discovery, the complexity of the case, how obvious any
 14 missing material would likely have been to a reasonable prosecutor after
 15 reviewing the case and other materials disclosed, the explanation for
 16 any discovery lapse, and the prosecution's response when apprised of any
 17 missing discovery. The prosecution's efforts shall not be deemed reason-
 18 able or diligent if the prosecution has not performed its duties to
 19 evaluate and disclose evidence under the state and federal consti-
 20 tutions.
 21 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11601-01-5

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