NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6353
SPONSOR: Peoples-Stokes TITLE OF BILL:
An act to amend the criminal procedure law, in relation to providing for
the release of certain grand jury proceeding materials on the basis of
enduring historical importance
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to create an exception to the secrecy of
grand jury proceedings by providing that any person may petition for the
release of records of grand jury proceedings on the ground of enduring
historical importance.
SUMMARY OF PROVISIONS:
Section 1: Amends paragraph (a) of subdivision 4 of Criminal Procedure
Law section 190.25 by adding a new subparagraph (ii), which creates an
exception, to the secrecy of grand jury proceedings by allowing any
person to petition for the release of grand jury records that are of
enduring historical significance. Subparagraph (ii) creates a rebuttable
presumption of enduring historical significance as that term is defined
in subparagraph (ii). Upon a finding of enduring Historical signif-
icance, a court shall release such grand jury records in a manner and
form as determined by the court.
Section 2 provides that the act takes effect immediately and shall apply
to such records created before, on or after such date.
JUSTIFICATION:
"One might well wonder why it has taken forty-five years for a compre-
hensive history of the Attica Prison uprising of 1971 to be written.
"Thompson, Heather Ann, Blood in the Water, 2016. "The answer is simple:
the most important details of this story have been deliberately kept
from the public. Literally thousands of boxes of documents related to
these events are sealed or next to impossible to access." (Introduction,
xiii).
By any measure, the Attica uprising was one of the most historic events
in our nation's history. It seized the attention of the entire world
nearly half a century ago, and its effects on our criminal legal system
can still be felt today. For too long, however, the uprising and subse-
quent actions by the state of New York have been shrouded in secrecy.
The governor's office and agencies under his control hid the scope of
brutality visited upon correction officers and the incarcerated during
and after the "taking" of the prison by New York State Troopers. This
deception and brutality deserves the disinfectant of sunlight and this
bill will allow the people of this state to shed that light.
By using the "enduring historical significance" standard to access grand
jury records, this act would still adhere to the rationales of grand
jury secrecy (prevention of flight by a defendant; protection of the
grand jurors from interference; prevention of subornation of perjury and
tampering with perspective witnesses; protection of an innocent accused
from unfounded accusations if, in fact, no indictment is returned; and
assurance to prospective witnesses that their testimony will be kept
secret so that they will be willing to testify freely). It would also
preserve the court's discretion by providing that the release of such
records be accomplished "in a manner and form as determined by the
court."
PRIOR LEGISLATIVE HISTORY:
A6542A of 2021/2022 A2113 of 2023/2024
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to such records
created before, on or after such date.
STATE OF NEW YORK
________________________________________________________________________
6353
2025-2026 Regular Sessions
IN ASSEMBLY
March 4, 2025
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to providing for
the release of certain grand jury proceeding materials on the basis of
enduring historical importance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 4 of section 190.25 of the
2 criminal procedure law, as amended by chapter 677 of the laws of 1985,
3 is amended to read as follows:
4 (a) [Grand] (i) Except as otherwise provided by law, grand jury
5 proceedings are secret, and no grand juror, or other person specified in
6 subdivision three of this section or section 215.70 of the penal law,
7 may, except in the lawful discharge of his duties or upon written order
8 of the court, disclose the nature or substance of any grand jury testi-
9 mony, evidence, or any decision, result or other matter attending a
10 grand jury proceeding. For the purpose of assisting the grand jury in
11 conducting its investigation, evidence obtained by a grand jury may be
12 independently examined by the district attorney, members of his staff,
13 police officers specifically assigned to the investigation, and such
14 other persons as the court may specifically authorize. Such evidence may
15 not be disclosed to other persons without a court order. Nothing
16 contained herein shall prohibit a witness from disclosing his own testi-
17 mony.
18 (ii) In proceedings where a grand jury is impaneled to hear and exam-
19 ine evidence concerning offenses, misconduct, nonfeasance and neglect
20 by a public officer or employee, whether criminal or otherwise, in
21 which a charge that a designated person committed a crime is dismissed
22 pursuant to subdivision one of section 190.75 of this article or
23 concluded without an indictment, any person may file a written petition
24 seeking the release of material concerning or related to such grand jury
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02045-01-5
A. 6353 2
1 proceeding, including but not limited to transcripts, reports, exhibits,
2 and material of any nature or substance of any grand jury testimony,
3 evidence or any decision, result or any other matter which occurred
4 during a grand jury proceeding upon the basis of enduring historical
5 importance. Enduring historical importance shall include grand jury
6 records forty years old or older and there shall be a rebuttable
7 presumption of the historical importance of such records pursuant to
8 this subparagraph. For the purposes of this subparagraph, "enduring
9 historical importance" shall mean a matter where the release of such
10 grand jury information would enhance the existing historical record,
11 foster further scholarly discussion, and improve the public's under-
12 standing of a significant historical event. In all such cases, upon a
13 finding of enduring historical importance, a court shall release such
14 grand jury records in a manner and form as determined by the court.
15 § 2. This act shall take effect immediately and shall apply to such
16 records created before, on or after such date.
