What's happening
This bill requires automatic, open-file discovery in alcohol and drug-related vehicle offenses, mandating exchange of all relevant materials within 30 days.
Why it matters
Levels the Playing Field. By requiring both prosecutors and defendants to automatically share all non-privileged evidence early in the process, the bill aims to prevent "trial by ambush" and ensures fairer trials in DWI and drugged driving cases.
Speeds Up Legal Process. Mandating that discovery materials be exchanged within 30 days (and within 5 days of any later receipt) reduces delays and allows both sides to prepare more efficiently, potentially leading to quicker case resolutions.
Broader Scope of Evidence. The law specifically lists a wide range of materials—such as police reports, witness statements, scientific tests, lab results, and physical examinations—ensuring comprehensive access to the types of evidence often critical in impaired driving prosecutions.
Promotes Transparency and Accountability. Open-file discovery increases oversight of law enforcement and prosecutorial conduct, helping to prevent wrongful convictions and encouraging more thorough and transparent law enforcement investigations.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Faster DUI Case Evidence Sharing
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Reported and committed to rules
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5072
2017-2018 Regular Sessions
IN SENATE
March 6, 2017
Introduced by Sen. LANZA -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to discovery in alcohol and drug-related offenses under the vehicle and traffic law
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The criminal procedure law is amended by adding a new section 240.15 to read as follows: § 240.15 Discovery; open file, limited to prosecutions of alcohol and
drug related offenses under the vehicle and traffic law.
Within thirty days of the commencement of a criminal action charging a defendant with an offense or offenses the most serious being an offense under article thirty-one of the vehicle and traffic law, all material or written reports or documents in the possession of either the defendant or the prosecutor, not privileged or otherwise protected by rule, statute or other law, shall be exchanged between the defendant and the prosecutor without demand therefore. Such material or written reports or documents received after the expiration of the thirty day period shall be exchanged within five days of receipt. Such material or written reports or documents shall include, but are not limited to, any written report or testimony of a police officer, statements of a defendant, statements, names and addresses of witnesses, any physical examination, scientific tests or experiments, results of laboratory reports or testing reports or any portion thereof.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law and shall apply to criminal actions commenced on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09203-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to discovery in alcohol and drug-related offenses under the vehicle and traffic law
This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Local Courts Advisory Committee.
This measure would add a new section 240.15 to the Criminal Procedure Law to require open file discovery strictly limited to prosecutions for alcohol and drug-related offenses under Article 31 of the Vehicle and Traffic Law. This new section would require that the offense of DWI be the highest offense charged. It would require exchange without demand of all material and written information in the possession of either the defendant or prosecutor not otherwise protected or privileged under rule, statute or other law within 30 days of the commencement of a crim- inal action. Materials received after the 30 days expire must be exchanged within five days of receipt.
We recognize that open file discovery for cases commenced charging offenses under Article 31 is working well today in practice in counties of diverse size and population across the state, including Nassau, Kings, Suffolk and Wyoming Counties. In these counties, demonstrable benefits in stimulating plea agreements and eliminating delays have been achieved. Improvements in standards and goals are achieved for the court system. Accordingly, we believe that a statewide mandate for such a practice is now appropriate and timely. We urge adoption of this meas- ure to expand upon the improvements available from limited open file, reciprocal discovery to defendants, prosecutors and the court system alike.
This measure, which would have no fiscal impact, would take effect 90 days after it becomes a law and apply only to criminal actions commenced on or after such date.
Legislative history
2017: S.5072 - Referred to Codes.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.