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A3325Assembly2017-2018 Session

Release Grand Jury Instructions

Official title

“Relates to the public release of grand jury documents”

Sponsor Daniel O'DonnellAD-69Affects Legal
Status
In Assembly Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill requires that, after a grand jury finishes, the court must make its legal instructions public upon request, with witness-identifying information redacted if necessary for safety.

Why it matters

  1. Increases transparency in the grand jury process. by allowing the public to see the legal instructions judges give to grand juries, which have historically been kept secret. This can help the public better understand how grand juries make decisions and whether those decisions are consistent with the law.

  2. Provides a mechanism for public accountability. regarding how prosecutors and judges guide grand juries, especially in controversial or high-profile cases. Observers will be able to scrutinize whether the legal standards were properly conveyed and whether any bias or errors may have influenced the outcome.

  3. Includes strong privacy protections. by requiring the redaction of witness names and identifying information if the court finds that disclosure could endanger anyone. This balances the public’s right to know with the safety and privacy of witnesses.

  4. Could impact public trust in the justice system. by opening up a previously opaque part of the criminal process, potentially leading to reforms if patterns of problematic instructions are identified. This change may also influence how legal professionals approach grand jury proceedings, knowing their instructions could become subject to public review.

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Who cares

Headline styles

Release Grand Jury Instructions

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Daniel O'Donnell

Assembly Member · Assembly District 69

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3325

2017-2018 Regular Sessions

IN ASSEMBLY

January 27, 2017

Introduced by M. of A. O'DONNELL -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to public release of grand jury documents

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 6 of section 190.25 of the criminal procedure law is amended to read as follows:

6. (a) The legal advisors of the grand jury are the court and the district attorney, and the grand jury may not seek or receive legal advice from any other source. Where necessary or appropriate, the court or the district attorney, or both, must instruct the grand jury concerning the law with respect to its duties or any matter before it, and such instructions must be recorded in the minutes.

(b) Notwithstanding paragraph (a) of subdivision four of this section or any other law to the contrary, at any time following final action by the grand jury on any charge or charges, the court shall make such legal instructions and charges submitted to the grand jury available to the public on request, provided that the names of witnesses and any information that would identify such witnesses included in such legal instructions shall be redacted when the court determines, in a written order, that there is a reasonable likelihood that public release of such information would endanger any individual.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04191-01-7

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.