New York S 5137: Requires the prosecution to disclose to the defendant certain information relating to jailhouse informants; requires prosecutors to notify victims of the informant's crimes in certain circumstances

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S05137 Summary:

BILL NOS05137 

&nbsp

SAME ASSAME AS A00328

&nbsp

SPONSORGIANARIS

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §245.21, CP L; amd §642, Exec L

&nbsp

Requires the prosecution to disclose to defense counsel certain information relating to jailhouse informants; requires prosecutors to notify victims of the informant's crimes if the prosecutor has offered the informant a benefit in exchange for testimony or other cooperation.

Go to top S05137 Actions:

BILL NOS05137 

&nbsp

02/19/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05137 Committee&nbspVotes:

Go to topS05137 Floor&nbspVotes:

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

Go to topS05137 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5137

 2025-2026 Regular Sessions

 IN SENATE

 February 19, 2025
 ___________

 Introduced by Sen. GIANARIS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the criminal procedure law and the executive law, in
 relation to requiring the prosecution to disclose to the defendant
 certain information relating to jailhouse informants; and to require
 prosecutors to notify victims of the informant's crimes in certain
 circumstances

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

 1 Section 1. The criminal procedure law is amended by adding a new
 2 section 245.21 to read as follows:
 3 § 245.21 Disclosure; jailhouse defendants.
 4 1. Definitions. As used in this section, the following terms shall
 5 have the following meanings:
 6 (a) "Benefit" means any plea bargain, bail or securing order consider-
 7 ation, reduction or modification of sentence or any other leniency,
 8 immunity, financial payment, reward or amelioration of current or future
 9 conditions of incarceration offered or provided to a jailhouse informant
 10 or third party in connection with, or in exchange for, testimony that is
 11 offered or provided.
 12 (b) "Jailhouse informant" means a person who is incarcerated at the
 13 time that such person offers or provides testimony, whether or not it is
 14 presented in court proceedings, concerning statements made by a person
 15 suspected as a perpetrator of an offense or a defendant.
 16 2. In any criminal trial or proceeding in which the prosecution
 17 intends to call a jailhouse informant to testify, in addition to any
 18 discovery or disclosure obligations required pursuant to the provisions
 19 of this article or any other provision of law, the prosecution shall
 20 obtain and disclose to the defendant the following information:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01199-01-5

 S. 5137 2

 1 (a) The complete criminal history of any such jailhouse informant,
 2 including any charges pending against such informant and charges that
 3 were reduced or dismissed as part of a plea bargain;
 4 (b) A summary of all promises, rewards and inducements made by the
 5 prosecution or law enforcement personnel to, or in favor of the jail-
 6 house informant, as well as requests for consideration by such jailhouse
 7 informant, including copies of any cooperation agreement and any and all
 8 other documents relevant to any such promise, reward or inducement;
 9 (c) The substance, time and place of any statement allegedly given by
 10 the defendant to a jailhouse informant, and the substance, time and
 11 place of any statement given by a jailhouse informant implicating the
 12 defendant in a crime for which the defendant is charged;
 13 (d) Whether at any time the jailhouse informant recanted any testimony
 14 subject to disclosure pursuant to this section or any other provision of
 15 this title and, if so, the time and place of the recantation, the nature
 16 of the recantation and the name of any person present at such recanta-
 17 tion; and
 18 (e) All information concerning any other criminal prosecution in which
 19 the jailhouse informant testified, or offered to testify in connection
 20 with a separate investigation or proceeding, whether or not such testi-
 21 mony was or will be presented in court proceedings, against a person
 22 suspected as the perpetrator o