Relates to the discovery provisions applicable to juvenile delinquency proceedings in family court with regard to the timing of discovery, disclosure prior to certain guilty pleas, DNA evidence, court orders, and the admissibility of discovery.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A68
SPONSOR: Hevesi TITLE OF BILL:
An act to amend the family court act and the judiciary law, in relation
to the discovery provisions applicable to juvenile delinquency
proceedings in family court; and to repeal certain provisions of the
family court act relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to align discovery practices for juvenile
delinquents with legislation recently enacted relating to discovery
rights for adults charged in criminal court.
SUMMARY OF PROVISIONS:
Section one of the bill repeals various sections of article 3 of the
family court act related to discovery for juvenile delinquents.
Section two adds thirteen new sections to article 3 of the Family Court
Act relating to discovery, including initial appearance; timing of
discovery after the initial appearance; automatic discovery; disclosure
prior to an admission by the respondent and waiver of discovery by the
respondent; ,court orders for preservation, access or discovery; court
ordered procedures to facilitate compliance and certificates of compli-
ance; non-testimonial evidence from the respondent and DNA comparison
order; flow of information; continuing duty to disclose; work product;
protective orders; remedies or sanctions for noncompliance; and admissi-
bility of discovery. Sections three and four would make conforming
changes to the judiciary law relating to the new discovery provisions.
Section three amends subdivision 2 of section 325 of the Judiciary Law,
as added by chapter 920 of the laws of 1982 by making technical changes.
Section four amends subdivision 5 of section 330.1 of the Family Court
Act, as added by chapter 398 of the laws of 1983 by making a technical
change in the court ordered bill of particulars.
Section five provides an effective date.
JUSTIFICATION:
This bill is necessary to ensure that our youth are afforded the same
discovery rights are adults.
PRIOR LEGISLATIVE HISTORY:
2024 A. 10049 (Hevesi) - Referred to Ways and Means S. 2120A (Bailey) -
Referred to Finance
2023-2024 A. 1320 (Joyner) - Referred to Children and Families Committee
S. 2120 (Bailey) - Referred to Children and Families Committee
2021-2022 A. 4952B (Joyner) - Referred to Ways and Means Committee S.
4554A (Bailey) - Passed Senate 2019-2020 A. 8085 (Joyner) - Referred to
Codes Committee
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect January 1, 2026.
