New York S 2072: Relates to the timing of discovery, automatic discovery, certificates of discovery compliance, speedy trial limitations, and access to discovery materials; repealer

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S02072 Summary:

BILL NOS02072 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§245.10, 245.20, 245.50 & 30.30, rpld §245.50 sub 4 ¶(c), CP L

&nbsp

Relates to streamlining and simplifying the discovery process in order to enhance efficiency in the criminal justice system, speed up the pretrial discovery and trial process, and promote the fair and efficient administration of justice.

Go to top S02072 Actions:

BILL NOS02072 

&nbsp

01/15/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS02072 Committee&nbspVotes:

Go to topS02072 Floor&nbspVotes:

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

Go to topS02072 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2072

 2025-2026 Regular Sessions

 IN SENATE

 January 15, 2025
 ___________

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

 AN ACT to amend the criminal procedure law, in relation to discovery
 rules and procedures; and repealing certain provisions of such law
 relating thereto

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

 1 Section 1. Paragraph (c) 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 to read as follows:
 4 (c) The prosecution shall disclose statements of the defendant as
 5 described in paragraph (a) of subdivision one of section 245.20 of this
 6 article to any defendant who has been arraigned in a local criminal
 7 court upon a currently undisposed of felony complaint charging an
 8 offense which is a subject of a prospective or pending grand jury
 9 proceeding, no later than [forty-eight] twenty-four hours before the
 10 time scheduled for the defendant to testify at a grand jury proceeding
 11 pursuant to subdivision five of section 190.50 of this part.
 12 § 2. Subdivisions 2 and 6 of section 245.20 of the criminal procedure
 13 law, as added by section 2 of part LLL of chapter 59 of the laws of
 14 2019, are amended to read as follows:
 15 2. Duties of the prosecution. The prosecutor shall make a diligent,
 16 good faith effort to ascertain the existence of material or information
 17 discoverable under subdivision one of this section and to cause such
 18 material or information to be made available for discovery where it
 19 exists but is not within the prosecutor's possession, custody or
 20 control[; provided] . Material information that requires a subpoena
 21 duces tecum in order for the prosecutor [shall not be required] to
 22 obtain, and which the defendant may obtain by subpoena duces tecum,
 23 shall not be within the scope of automatic discovery for the purposes of
 24 subdivision one of this section, and the prosecutor shall not be

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05772-02-5

 S. 2072 2

 1 required to obtain such material or information [which the defendant may
 2 thereby obtain] before filing a certificate of compliance pursuant to
 3 subdivision one of section 245.50 of this article. For purposes of
 4 subdivision one of this section, [all items and information related] all
 5 materials relevant to the subject matter of the charges against the
 6 defendant in the instant case to the prosecution of a charge in the
 7 possession of any New York state or local police or law enforcement
 8 agency shall be deemed to be in the possession of the prosecution. The
 9 prosecution shall also identify any laboratory having contact with
 10 evidence related to the prosecution of a charge. This subdivision shall
 11 not require the prosecutor to ascertain the existence of witnesses not
 12 known to the police or another law enforcement agency, or the written or
 13 recorded statements thereof, under paragraph (c) or (e) of subdivision
 14 one of this section.
 15 6. Redactions permitted. Either party may redact social security
 16 numbers [and], tax numbers, witnesses' physical addresses, other forms
 17 of witnesses' contact information so long as the people have provided
 18 one form of adequate contact info