What's happening
This bill allows defendants to request court-ordered subpoenas for police or law enforcement records containing non-privileged information relevant to their case.
Why it matters
Expands defendants' legal tools. By allowing court-ordered subpoenas for police or law enforcement records, defendants can more effectively gather evidence that may be crucial to their defense, especially in cases where such records were previously difficult or impossible to obtain.
Potentially increases transparency and accountability. The law could lead to greater oversight of police and law enforcement agencies, as their records may now be scrutinized in court proceedings, potentially surfacing evidence of misconduct or procedural errors.
Balances privacy and relevance. The amendment explicitly limits access to "non-privileged information relevant to the criminal action," aiming to protect sensitive or confidential material while still providing defendants with access to information necessary for a fair trial.
May impact case outcomes and plea negotiations. Easier access to these records could influence the strength of a defendant's case, possibly affecting judicial rulings, plea bargaining strategies, or even leading to exonerations if new, exculpatory evidence is uncovered.
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Who cares
Criminal defendants and defense attorneys
The bill would clarify that the cited criminal procedure provisions do not bar court-ordered subpoenas for police or law enforcement records containing relevant, non-privileged information.
Police departments and law enforcement agencies
Their reports and records containing relevant, non-privileged information could be sought through these court-ordered subpoenas.
Criminal courts
The bill would expressly recognize their authority to order these subpoenas while retaining the requirement that defense subpoenas directed to government agencies require a court order.
Headline styles
Let Defendants Get Police Records
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
6945
2019-2020 Regular Sessions
IN ASSEMBLY
March 27, 2019
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.
LBD10382-01-9
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.