Relates to grand jury rules of evidence

Section 2 of this bill amends subdivision 1 of section 50.10 of the criminal procedure law by updating the definition of "Immunity".

Section 3 of this bill amends section 60.22 of the criminal procedure law by adding a new subdivision 4 stating that "corroborative evidence" includes evidence from one or more other accomplices.

Section 4 of this bill amends paragraph (b) of subdivision 1 of section 170.30 of the criminal procedure law and adds a new subdivision 5.

Section 5 of this bill amends paragraph (a) of subdivision 8 of section 190.30 of the criminal procedure law, as added by chapter 279 of the laws of 2008, and amends subdivision 3 by adding a new paragraph (h) and a new subdivision 4-a.

Section 6 of this bill amends section 210.35 of the criminal procedure law by adding a new subdivision 4-a.

Section 7 of this bill amends the opening paragraph and subdivisions 6 and 7 of section 710.20 of the criminal procedure law and adds a new subdivision 8.

Section 8 of this bill states that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Justification

Criminal law in New York State has not undergone a comprehensive revision since the Bartlett Commission drafted the "new" Penal Law in 1965. While the Commission's revision was considered the most significant legislation achieved in the evolution of a twentieth century criminal code, the provisions on white-collar crime, were relatively rudimentary. New York did not have the benefit of the experience gained during the last five decades combating fraud and corruption.

With the 21st century, development of commerce and technology has taken us from an industrial world where large corporations were beginning to exploit computer technology to a technological one where everyone, including criminals, have access to electronic marvels.

These changes in technology have brought an evolution of crimes and factual scenarios never contemplated by the Commission, such as transnational cybercrime rings, the rise in value of intellectual property and the corresponding activities of thieves, billion-dollar securities fraud schemes, computer hacking, and increasingly sophisticated corruption schemes. New breeds of white-collar criminals have victimized individuals, businesses, and government entities alike-costing New York State taxpayers dearly.

This continuing problem led to the creation of the New York State White Collar Crime Task Force in October 2012 by Cyrus R. Vance, Jr. The Task Force focused its attention to the issues that affect the entire panoply of white-collar crime. One of these issues concerned procedural reforms.

As recommended by the Task Force, this bill would reform the grand jury procedure to lower the cost to taxpayers, reduce the lost productivity of employees in private businesses, and reduce the wear and tear on civilian witnesses. It would amend the criminal procedure law to authorize the use of immunity rather than transaction immunity, thereby conforming New York law to federal law and allowing for fuller use of the grand jury to investigate complex crime. The bill would also amend the accomplice corroboration requirement to allow cross-corroboration by a separate accomplice.

Legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.