Extends the required publishing date for the first annual report regarding the impact of laws pertaining to discovery in criminal cases to twenty-one months after the effective date of the section.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1748
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the judiciary law, in relation to extending the required
publishing date for the first annual report regarding the impact of laws
pertaining to discovery in criminal cases
PURPOSE OR GENERAL IDEA OF BILL:
Extends the required publishing date for the first annual report regard-
ing-the impact of laws pertaining to discovery in criminal cases
SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision 6. of § 216 of the Judiciary
Law to provide for the Office of Court Administration (OCA) and the
Division of Criminal Justice Services (DCJS) to publish the repott
required in such subdivision within twenty-one months instead of the
existing eighteen months following the enactment date of such subdivi-
sion. This subdivision also makes technical changes.
Section two of the bill provides the effective date.
JUSTIFICATION:
The 2020 law that amended the Criminal Procedure Law regarding pre-trial
exchange of information ("discovery") included a requirement that the
Office of Court Administration, in consultation with the Division of
Criminal Justice Services, issue an annual report on these reforms. This
bill would extend from eighteen to twenty-one months the time frame for
submission of the first such report. It is important that such reports
be balanced and comprehensive. The additional time frame proposed in
this bill is offered to help assure that this will be the case. Of
course, any additional information or data that is appropriate may, and
should, be submitted as a supplement to any such report.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.8451 - Judiciary
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1748
2023-2024 Regular Sessions
IN ASSEMBLY
January 20, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the judiciary law, in relation to extending the required
publishing date for the first annual report regarding the impact of
laws pertaining to discovery in criminal cases
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 216 of the judiciary law, as
2 amended by section 1-a of part EEE of chapter 56 of the laws of 2022, is
3 amended to read as follows:
4 6. The chief administrator of the courts, in conjunction with the
5 division of criminal justice services, shall collect data and report
6 annually regarding the impact of article two hundred forty-five of the
7 criminal procedure law. Such data and report shall contain information
8 regarding the implementation of article two hundred forty-five of the
9 criminal procedure law, including procedures used to implement the arti-
10 cle, resources needed for implementation, monies received pursuant to
11 section ninety-nine-hh of the state finance law, including the amount of
12 money utilized for the services and expenses eligible pursuant to subdi-
13 vision three of such section, information regarding cases where discov-
14 ery obligations are not met, and information regarding case outcomes.
15 The report shall be released publicly and published on the websites of
16 the office of court administration and the division of criminal justice
17 services. The first report shall be published [eighteen] twenty-one
18 months after the effective date of this [section] subdivision, and shall
19 include data from the first twelve months following the [enactment of
20 this section] effective date of this subdivision. Reports for subse-
21 quent years shall be published annually thereafter.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01368-01-3
