New York A 68: Relates to the discovery provisions applicable to juvenile delinquency proceedings in family court; repealer

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A00068 Summary:

BILL NOA00068 

&nbsp

SAME ASSAME AS S04353

&nbsp

SPONSORHevesi

&nbsp

COSPNSRTaylor, Steck

&nbsp

MLTSPNSR

&nbsp

Rpld §§331.1 - 331.7, amd Fam Ct Act, generally; amd §325, Judy L

&nbsp

Relates to the discovery provisions applicable to juvenile delinquency proceedings in family court with regard to the timing of discovery, disclosure prior to certain guilty pleas, DNA evidence, court orders, and the admissibility of discovery.

Go to top A00068 Actions:

BILL NOA00068 

&nbsp

01/08/2025referred to children and families

01/07/2026referred to children and families

Go to topA00068 Committee&nbspVotes:

Go to topA00068 Floor&nbspVotes:

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

Go to topA00068 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 68

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. HEVESI -- read once and referred to the Committee
 on Children and Families

 AN ACT to amend the family court act and the judiciary law, in relation
 to the discovery provisions applicable to juvenile delinquency
 proceedings in family court; and to repeal certain provisions of the
 family court act relating thereto

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

 1 Section 1. Sections 331.1, 331.2, 331.3, 331.4, 331.5, 331.6 and 331.7
 2 of the family court act are REPEALED.
 3 § 2. The family court act is amended by adding thirteen new sections
 4 331.1, 331.2, 331.3, 331.4, 331.5, 331.6, 331.7, 331.8, 331.9, 331.10,
 5 331.11, 331.12 and 331.13 to read as follows:
 6 § 331.1. Initial appearance. 1. Disclosure. At the respondent's
 7 initial appearance, as defined in section 320.1 of this article, if the
 8 court directs detention pursuant to subdivision three of section 320.5
 9 of this article, the presentment agency shall forthwith disclose to the
 10 respondent, and permit the respondent to discover, inspect, copy, photo-
 11 graph and test, all items and information set forth in paragraphs (a)
 12 through (u) of subdivision one of section 331.3 of this part that are
 13 within the presentment agency's possession at the time of the initial
 14 appearance. If the court does not direct detention, the presentment
 15 agency shall disclose to the respondent:
 16 (a) any police or other law enforcement agency reports and written
 17 witness statements relating to the juvenile delinquency proceeding
 18 against the respondent that are within the presentment agency's
 19 possession at that time;
 20 (b) electronic recordings relating to the juvenile delinquency
 21 proceeding against the respondent that are within the presentment agen-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00029-01-5

 A. 68 2

 1 cy's possession at that time, in accordance with paragraph (g) of subdi-
 2 vision one of section 331.3 of this part; and
 3 (c) exculpatory information known to the presentment agency at that
 4 time.
 5 (d) where the charges were removed from a youth part pursuant to arti-
 6 cle seven hundred twenty-five of the criminal procedure law and the
 7 attorney for the child did not represent the respondent in the youth
 8 part, all discovery material previously provided pursuant to article two
 9 hundred forty-five of the criminal procedure law.
 10 2. Copy of records. If in the exercise of reasonable diligence and due
 11 to the limited availability of resources for downloading or copying
 12 recordings, a copy of an electronic recording discoverable under this
 13 section is unavailable at the initial appearance, a copy shall be made
 14 and disclosed to the respondent as soon as practicable but not later
 15 than five calendar days after the initial appearance, provided, however,
 16 that if the respondent is in detention, a copy shall be made not later
 17 than three days after the initial appearance. Portions of materials
 18 under this section claimed to be non-discoverable may be withheld pend-
 19 ing a prompt request by the presentment agency for a determination and
 20 ruling of the court under section 331.11 of this part; but the discover-
 21 able portions of such materials sha