Relates to the disclosure of information attending grand jury proceedings

BILL NUMBER:S1828

Title of bill

An act to amend the criminal procedure law and the penal law, in relation to the disclosure of information attending grand jury proceedings

Purpose or general idea of bill

To allow district attorneys, in the interest of justice and with proper redaction, to disclose the nature or substance of any grand jury testimony, evidence, or any decision, result or other matter attending a grand jury proceeding based on a valid written request.

Summary of specific provisions

Section 1 amends criminal procedure law section 190.25(4) by allowing district attorneys to disclose the nature or substance of grand jury testimony, evidence, or any decision, result or other matter attending a grand jury proceeding based on a valid written request. District attorneys could only do so in the interest of justice and upon a valid written request. They would also be required to redact the names of the grand jurors, the names of any witnesses appearing before the grand jury, any evidence that may imperil the health or safety of any grand juror or witness appearing before the grand jury, any evidence that may identify any grand juror or witness appearing before the grand jury, any information that could impact any current or ongoing investigation, and any other information in the interest of public safety.

Section 2 amends penal law section 215.70 to exempt public prosecutors from the criminal law prohibition of the disclosure of grand jury information.

Section 3 is the effective date.

Justification

The grand jury process is shrouded in secrecy in New York State. While much of that secrecy is appropriate and necessary, the disclosure of limited information from grand jury proceedings will give the people of New York an understanding of grand juries' processes and the reasons for their decisions. The people of New York have an valid interest in knowing how these important decisions have been made.

Redaction of sensitive and confidential information - as this bill would require - will protect against any of the concerns with disclosure of grand jury information.These include protecting the names of grand jurors and grand jury witnesses, keeping confidential any evidence that may identify or imperil the health or safety of grand jurors or grand jury witnesses, keeping confidential any information that could impact current or ongoing investigations, preventing witness intimidation or tampering at a subsequent trial, and preventing the disclosure of any other information that could negatively affect public safety.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately.