New York S 4634: Includes SUNY police officers for purposes of presumption regarding impairment caused by heart disease

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S04634 Summary:

BILL NOS04634 

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SAME ASNo Same As

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SPONSORWEIK

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COSPNSRBORRELLO, GALLIVAN, HELMING, MATTERA, ROLISON, STEC, TEDISCO, WALCZYK

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MLTSPNSR

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Add §215.09, Pen L; amd §§510.10, 530.20 & 530.40, CP L

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Creates the crime of unlawful dissemination or publication of discovery material; defines the circumstances under which a person is guilty of such crime; establishes that such crime is a class E felony.

Go to top S04634 Actions:

BILL NOS04634 

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02/10/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS04634 Committee&nbspVotes:

Go to topS04634 Floor&nbspVotes:

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

Go to topS04634 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4634

 2025-2026 Regular Sessions

 IN SENATE

 February 10, 2025
 ___________

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

 AN ACT to amend the penal law and the criminal procedure law, in
 relation to creating the crime of unlawful dissemination or publica-
 tion of discovery material

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

 1 Section 1. The penal law is amended by adding a new section 215.09 to
 2 read as follows:
 3 § 215.09 Unlawful dissemination or publication of discovery material.
 4 1. A person is guilty of unlawful dissemination or publication of
 5 discovery material, when such person:
 6 a. Intentionally disseminates or publishes material defined under
 7 section 245.20 of the criminal procedure law with the intent of intim-
 8 idating or harassing another person; or
 9 b. Intentionally disseminates or publishes material defined under
 10 section 245.20 of the criminal procedure law to another person and such
 11 person knew or reasonably should have known that the person intended to
 12 use the discovery material to intimidate or harass another person.
 13 2. A person who is the defense counsel to a defendant in a legal
 14 proceeding shall not be guilty of an offense under paragraph b of subdi-
 15 vision one of this section, when communicating directly with the defend-
 16 ant in accordance with article two hundred forty-five of the criminal
 17 procedure law.
 18 3. Under this section, "disseminates" and "publishes" shall have the
 19 same meanings as under section 250.40 of this part.
 20 Unlawful dissemination or publication of discovery material is a class
 21 E felony.
 22 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 23 criminal procedure law, paragraph (t) as amended and paragraph (u) as

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08876-01-5

 S. 4634 2

 1 added by section 2 of subpart B of part UU of chapter 56 of the laws of
 2 2022, are amended and a new paragraph (v) is added to read as follows:
 3 (t) any felony or class A misdemeanor involving harm to an identifi-
 4 able person or property, or any charge of criminal possession of a
 5 firearm as defined in section 265.01-b of the penal law, where such
 6 charge arose from conduct occurring while the defendant was released on
 7 [his or her] such defendant's own recognizance, released under condi-
 8 tions, or had yet to be arraigned after the issuance of a desk appear-
 9 ance ticket for a separate felony or class A misdemeanor involving harm
 10 to an identifiable person or property, or any charge of criminal
 11 possession of a firearm as defined in section 265.01-b of the penal law,
 12 provided, however, that the prosecutor must show reasonable cause to
 13 believe that the defendant committed the instant crime and any underly-
 14 ing crime. For the purposes of this subparagraph, any of the underlying
 15 crimes need not be a qualifying offense as defined in this subdivision.
 16 For the purposes of this paragraph, "harm to an identifiable person or
 17 property" shall include but not be limited to theft of or damage to
 18 property. However, based upon a review of the facts alleged in the accu-
 19 satory instrument, if the court determines that such theft is negligible
 20 and does not appear to be in furtherance of other criminal activ