What's happening
This bill requires courts to publicly release grand jury legal instructions after cases conclude, with witness identities redacted if necessary.
Why it matters
Increases transparency of the grand jury process. by making official legal instructions publicly accessible, which could help the public and legal community better understand how grand juries are directed to interpret the law.
Allows for public scrutiny of prosecutorial and judicial conduct. during grand jury proceedings, potentially exposing inconsistencies, errors, or biases in the instructions given to jurors, and fostering accountability in the justice system.
Balances transparency with witness safety. by requiring courts to redact witness names or identifying details when their release could reasonably endanger individuals, ensuring openness does not come at the cost of personal security.
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Who cares
Courts
They would have to release grand jury legal instructions and charges on request after final action on any charges and issue written orders when requiring witness-identifying information to be redacted for safety.
District attorneys
Legal instructions and charges they submit to grand juries would become available for public scrutiny after the grand jury takes final action.
Grand jury witnesses
Their names and identifying information in legal instructions would be redacted when a court finds a reasonable likelihood that disclosure would endanger any individual.
Reporters
They could request grand jury legal instructions and charges after final action to examine the legal guidance given to grand jurors.
Headline styles
Release Grand Jury Instructions
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- 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.
Release Grand Jury Instructions
In Senate Committee · Codes · Sponsor Luis R. Sepúlveda
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2522
2019-2020 Regular Sessions
IN ASSEMBLY
January 23, 2019
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.
LBD02939-01-9
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.