New York S 3142: Relates to the timing of discovery for the crime of homicide

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 
S03142 Summary:

BILL NOS03142 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORCOONEY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§245.10 & 245.20 CP L

&nbsp

Provides that evidence of a homicide where the defendant has substantiated affiliation with a criminal enterprise may be withheld from discovery.

Go to top S03142 Actions:

BILL NOS03142 

&nbsp

01/23/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS03142 Committee&nbspVotes:

Go to topS03142 Floor&nbspVotes:

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

Go to topS03142 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3142

 2025-2026 Regular Sessions

 IN SENATE

 January 23, 2025
 ___________

 Introduced by Sen. COONEY -- 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 the timing of
 certain discovery

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

 1 Section 1. Clause (A) of subparagraph (iv) of paragraph (a) of subdi-
 2 vision 1 of section 245.10 of the criminal procedure law, as amended by
 3 section 1 of part HHH of chapter 56 of the laws of 2020, is amended to
 4 read as follows:
 5 (A) Portions of materials claimed to be non-discoverable may be with-
 6 held pending a determination and ruling of the court under section
 7 245.70 of this article; but the defendant shall be notified in writing
 8 that information has not been disclosed under a particular subdivision
 9 of such section, and the discoverable portions of such materials shall
 10 be disclosed to the extent practicable. Information related to or
 11 evidencing the identity of a 911 caller, the victim or witness of any
 12 felony defined under article one hundred twenty-five of the penal law or
 13 an offense defined under article one hundred thirty or sections 230.34
 14 and 230.34-a of the penal law, or any other victim or witness of a crime
 15 where the defendant has substantiated affiliation with a criminal enter-
 16 prise as defined in subdivision three of section 460.10 of the penal law
 17 may be withheld, provided, however, the defendant may move the court for
 18 disclosure.
 19 § 2. Paragraph (c) of subdivision 1 of section 245.20 of the criminal
 20 procedure law, as amended by section 2 of part HHH of chapter 56 of the
 21 laws of 2020, is amended to read as follows:
 22 (c) The names and adequate contact information for all persons other
 23 than law enforcement personnel whom the prosecutor knows to have
 24 evidence or information relevant to any offense charged or to any poten-
 25 tial defense thereto, including a designation by the prosecutor as to

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00962-01-5

 S. 3142 2

 1 which of those persons may be called as witnesses. Nothing in this para-
 2 graph shall require the disclosure of physical addresses; provided,
 3 however, upon a motion and good cause shown the court may direct the
 4 disclosure of a physical address. Information under this subdivision
 5 relating to the identity of a 911 caller, the victim or witness of any
 6 felony defined under article one hundred twenty-five of the penal law or
 7 an offense defined under article one hundred thirty or section 230.34 or
 8 230.34-a of the penal law, any other victim or witness of a crime where
 9 the defendant has substantiated affiliation with a criminal enterprise
 10 as defined in subdivision three of section 460.10 of the penal law, or a
 11 confidential informant may be withheld, and redacted from discovery
 12 materials, without need for a motion pursuant to section 245.70 of this
 13 article; but the prosecution shall notify the defendant in writing that
 14 such information has not been disclosed, unless the court rules other-
 15 wise for good cause shown.
 16 § 3. This act shall take effect on the thirtieth day after it shall
 17 have become a law.

Go to top 

• 

 Sitemap 

 Request Information 

 Directions and Maps