New York S 336: Relates to grand jury proceedings

Bill Text

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S00336 Summary:

BILL NOS00336 

&nbsp

SAME ASSAME AS A04670

&nbsp

SPONSORBAILEY

&nbsp

COSPNSRCOMRIE, HOYLMAN-SIGAL, JACKSON, PARKER, RAMOS, SEPULVEDA

&nbsp

MLTSPNSR

&nbsp

Amd §190.25, CP L

&nbsp

Provides that in grand jury proceedings when following submission to a grand jury of a criminal charge or charges, the grand jury dismisses all charges presented or directs the district attorney to dismiss all charges or directs the DA to file in a local criminal court an application for disclosure of certain materials; authorizes the court to limit disclosure of certain items where there is a reasonable likelihood that such disclosure may lead to the identity of a witness who is not a public servant or expert witness; makes related provisions.

Go to top S00336 Actions:

BILL NOS00336 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00336 Committee&nbspVotes:

Go to topS00336 Floor&nbspVotes:

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

Go to topS00336 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 336

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. BAILEY, COMRIE, HOYLMAN-SIGAL, JACKSON, PARKER,
 RAMOS, SEPULVEDA -- 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 grand jury
 proceedings

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

 1 Section 1. Paragraph (d) of subdivision 3 of section 190.25 of the
 2 criminal procedure law is amended and a new paragraph (a-1) is added to
 3 read as follows:
 4 (a-1) A judge or justice of the superior court;
 5 (d) An interpreter. Upon request of the grand jury or the court, the
 6 prosecutor must provide an interpreter to interpret the testimony of any
 7 witness who does not speak the English language well enough to be readi-
 8 ly understood. Such interpreter must, if [he has] they have not previ-
 9 ously taken the constitutional oath of office, first take an oath before
 10 the grand jury that [he] they will faithfully interpret the testimony of
 11 the witness and that [he] they will keep secret all matters before such
 12 grand jury within [his] their knowledge;
 13 § 2. Subdivision 4 of section 190.25 of the criminal procedure law is
 14 amended by adding seven new paragraphs (c), (d), (e), (f), (g), (h) and
 15 (i) to read as follows:
 16 (c) In addition to paragraphs (a) and (b) of this subdivision, when,
 17 following submission to a grand jury of a criminal charge or charges,
 18 the grand jury dismisses all charges presented or directs the district
 19 attorney to file in a local criminal court a prosecutor's information
 20 charging an offense other than a felony, as provided in subdivision one
 21 of section 190.70 of this article, an application may be made to the
 22 superior court for disclosure of the following material relating to the
 23 proceedings before such grand jury:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00223-01-5

 S. 336 2

 1 (i) the criminal charge or charges submitted;
 2 (ii) the legal instructions provided to the grand jury;
 3 (iii) the testimony of all public servants who testified in an offi-
 4 cial capacity before the grand jury and of all persons who provided
 5 expert testimony; and
 6 (iv) the testimony of all other persons who testified before the grand
 7 jury, redacted as necessary to prevent discovery of their names and such
 8 other personal data or information that may reveal or help to reveal
 9 their identities.
 10 (d) The application specified in paragraph (c) of this subdivision may
 11 be made by any person, must be in writing and, except where made by the
 12 people, must be upon notice to the people. The court shall direct or
 13 provide notice to any other appropriate person or agency. Where more
 14 than one application is made hereunder in relation to such a dismissal
 15 or direction, the court may consolidate such applications and determine
 16 them together. When no application hereunder is made, the superior court
 17 may order disclosure on its own motion as provided i