What's happening
This bill allows court-ordered subpoenas for police and law enforcement records with non-privileged information relevant to criminal cases.
Why it matters
Expands defendants’ access to evidence. By clarifying that court-ordered subpoenas can obtain police or law enforcement agency records with relevant, non-privileged information, the bill helps ensure defendants can access important material that may aid their defense or challenge the prosecution’s case.
Addresses discovery gaps. The amendment closes potential loopholes where existing laws or discovery rules may have been interpreted to block access to certain police or agency records, making the fact-finding process in criminal trials more robust and transparent.
Balances privacy and transparency. The bill only allows for the release of “non-privileged” information, maintaining protections for sensitive or confidential material while still increasing the availability of key law enforcement records for court proceedings.
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Who cares
Headline styles
Allow Court-Ordered Police Subpoenas
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3880
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 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 subpoena duces tecum
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 610.20 of the criminal procedure law is amended to read as follows:
3. An attorney for a defendant in a criminal action or proceeding, as an officer of a criminal court, may issue a subpoena of such court, subscribed by himself, for the attendance in such court of any witness whom the defendant is entitled to call in such action or proceeding. An attorney for a defendant may not issue a subpoena duces tecum of the court directed to any department, bureau or agency of the state or of a political subdivision thereof, or to any officer or representative thereof. Such a subpoena duces tecum may be issued in behalf of a defendant upon order of a court pursuant to the rules applicable to civil cases as provided in section twenty-three hundred seven of the civil practice law and rules. Nothing in this article or in article two hundred forty of this chapter precludes issuance of a court-ordered subpoena duces tecum for police reports or records or law enforcement agency reports or records containing non-privileged information relevant to the criminal action or proceeding.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03820-01-7
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.