Relates to the issuance of a supporting deposition

BILL NUMBER:S6675

Title of bill

An act to amend the criminal procedure law, in relation to the issuance of a supporting deposition

This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Local Courts Advisory Committee.

This measure would amend section 100.25 of the Criminal Procedure Law to authorize a law enforcement officer issuing a simplified information to issue the supporting deposition simultaneously with the ticket and place on the supporting deposition to be filed in court an attestation concerning the service of the supporting deposition.

Currently, a defendant charged by a simplified information is entitled to have filed in court and served upon him or her a supporting deposition alleging facts that establish reasonable cause for the charges that are the subject of the simplified information. Under the procedure set forth in CPL 100.25, in order to obtain the supporting deposition, the defendant must request it from the court within the time-frame defined by the statute -specifically, before a plea of guilty or the commencement of trial, but no later than 30 days after the court appearance date set forth on the simplified information. See CPL 100.25(2). Upon receipt of the request, the court orders the police officer to supply the supporting deposition. The police officer then has 30 days from the court's receipt of the request to serve and file the supporting deposition. Id. Failure to serve the supporting deposition within 30 days constitutes sufficient cause for dismissal of the case. See CPL 170.30(1)(a) and 100.40(2).

This measure would streamline the process by authorizing the officer issuing a ticket also to issue the supporting deposition at the same time, without waiting for the defendant to make a formal request to the court for the supporting deposition. In addition, this measure authorizes the ticket-issuing officer to place an attestation of service of the supporting deposition on a copy of the supporting deposition so as to enable the officer to file the supporting deposition with the court.

By requiring the ticket-issuing officer to issue and file the supporting deposition without waiting for the defendant to request it, this measure assures that the case will be decided on the merits.

This measure would have no fiscal impact upon the State. It would take effect on the first day of January next succeeding the date on which it shall have become law and shall apply to all actions and proceedings commenced on or after such effective date.

2011 LEGISLATIVE HISTORY: None. New proposal.