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A5600Assembly2019-2020 Session

Limit Discovery Rule Remedies

Official title

“Permits corrective remedies for violations of certain discovery rules in criminal proceedings only when substantial rights of the party are affected”

Sponsor Brian ManktelowAD-130+2 co-sponsorsAffects 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 adds that corrective remedies for certain criminal procedure violations are only granted if substantial rights are affected.

Why it matters

  1. Raises the standard for granting corrective remedies. by requiring proof that a defendant’s “substantial rights” were actually harmed by a procedural violation, not just that a technical violation occurred—this could make it harder for defendants to win certain appeals or motions for relief.

  2. Narrows judicial discretion and potential remedies. by specifying that courts can only grant remedies to the extent necessary to fix real prejudice, which may reduce the number of convictions overturned for minor or non-prejudicial errors.

  3. May impact the fairness and consistency of criminal trials. defendants must now affirmatively show that an error had a meaningful effect on their rights, potentially affecting how aggressively defense attorneys pursue procedural claims and how courts evaluate them.

  4. Could speed up court proceedings. by limiting corrective actions to only those cases where significant harm is proven, possibly reducing litigation over less consequential procedural issues.

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Who cares

Headline styles

Limit Discovery Rule Remedies

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

Sponsors

Primary sponsor
Brian Manktelow

Assembly Member · Assembly District 130

History

  1. Held for consideration in codes
  2. Referred to codes
  3. Referred to codes

Full text

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

STATE OF NEW YORK

5600

2019-2020 Regular Sessions

IN ASSEMBLY

February 13, 2019

Introduced by M. of A. MANKTELOW -- Multi-Sponsored by -- M. of A. DeSTEFANO, McDONOUGH -- read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to corrective remedies

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 240.46 to read as follows: § 240.46 Corrective remedies.

A violation of section 240.45 will entitle a party to a corrective remedy under subdivision one of section 240.70 only if the party's substantial rights are affected, and only to the extent required to cure the prejudice to those rights. A court shall not set aside a conviction, or reverse or modify a judgment, on account of a violation of section 240.45 unless the defendant demonstrates that his or her substantial rights are affected.

§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

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

[ ] is old law to be omitted.

LBD08943-01-9

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.