What's happening
This bill expands a defendant’s right to request discovery of evidence, removing the restriction that it must be intended for trial.
Why it matters
Broadens defendants’ access to evidence. By removing the requirement that evidence must be intended for trial, defendants can now request discovery of any property that is material to their defense, potentially uncovering information that could be crucial for case preparation—even if the prosecution does not plan to use it in court.
Levels the playing field in criminal proceedings. This change gives defendants greater ability to challenge the prosecution’s case and build a more complete defense, which could reduce the risk of wrongful convictions or surprise evidence.
Increases transparency and fairness. The amendment promotes a more open discovery process, making it harder for potentially exculpatory evidence to be withheld and ensuring both sides have fuller access to all relevant information.
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Who cares
Headline styles
Broaden Criminal Case Discovery
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Ordered to third reading cal.248
- Returned to assembly
- Died in senate
- Referred to codes
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.41
- Reported
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Make Discovery Rules Fairer
In Senate Committee · Codes · Sponsor Brad Hoylman-Sigal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3056
2017-2018 Regular Sessions
IN ASSEMBLY
January 25, 2017
Introduced by M. of A. LENTOL -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to discovery
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (c) of subdivision 1 of section 240.40 of the criminal procedure law, as amended by chapter 19 of the laws of 2012, is amended to read as follows:
(c) may order discovery with respect to any other property[, which the people intend to introduce at the trial,] upon a showing by the defendant that discovery with respect to such property is material to the preparation of his or her defense, and that the request is reasonable; and
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03718-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.