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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9787
SPONSOR: Mosley (MS) TITLE OF BILL: An act to amend the criminal procedure law, in
relation to grand jury proceedings
PURPOSE OR GENERAL IDEA OF BILL:
The bill is designed to increase transparency and facilitate additional
involvement of the court in grand jury proceedings.
SUMMARY OF PROVISIONS:
Section one would amend subdivision two of section 190.25 of the Crimi-
nal Procedure Law to assure that, as a part of carrying out his or her
duties under law, a judge of the superior court is authorized.to be
present in the grand jury room, except during deliberations and voting
by the grand jury.
Section two would make information and records concerning certain grand
jury proceedings more readily available to the public. In proceedings
involving any defendant, when the grand jury does not bring an indict-
ment for a felony charge, the following information would be available
for release: the criminal charges submitted, legal instructions given to
the grand jury, testimony of expert witnesses, testimony of public serv-
ants who testified in an official capacity, and the testimony of other
witnesses (redacted as necessary to prevent discovery of their names and
personal data or information that may reveal identity).
Both the district attorney and the person against whom charges were
presented would be able to appear and be heard in support of or oppo-
sition to any application for release of such information and records.
Additionally the court will consider whether disclosure would reveal the
identities of witnesses, imperil the health or safety of a grand juror
or witness, jeopardize a current or future criminal investigation,
create a threat to public safety, or if it is not in the interests of
justice.
In the event that the court determines disclosure in whole or in part is
not appropriate, it will issue a written order.
JUSTIFICATION:
This legislation is designed to foster public confidence in the judicial
system in several ways. First, in all cases, it expressly authorizes the
presence of a superior court judge in the grand jury room, except during
deliberations and voting. Under existing law, the grand jury is empa-
neled by the superior court and "constitutes a part of such court." The
judge, along with the district attorney, serves as legal advisor to the
grand jury. Thus it is appropriate that the judge be among the persons
authorized by CPL § 190.25 (3) to be in the grand jury room.
Second, this bill will enhance public trust in our grand jury process by
granting the court the authority to disclose grand jury material when it
serves the public interest. Currently when an indictment occurs, public
charges are filed and the public generally learns the specific charges
and, as the matter unfolds, further details. However, when no indict-
ment occurs, all information about the proceedings remains secret,
unless released under limited circumstances. This lack of information
and closed process often leaves individuals distrustful of the system
and skeptical of its fairness. This bill functions to create circum-
stances where disclosure is warranted because the public is already
aware of the grand jury proceedings and the identity of the suspect, and
has an interest in the disclosure.
PRIOR LEGISLATIVE HISTORY:
2017: A.4877 (Heastie) Passed the Assembly
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
The bill would have minimal additional costs.
EFFECTIVE DATE:
The bill takes effect in thirty days.
