What's happening
This bill repeals and replaces New York's family court discovery rules for juvenile delinquency proceedings, expanding and clarifying evidence disclosure requirements for both parties.
Why it matters
Expands and clarifies what evidence must be shared between the prosecution (presentment agency) and juvenile respondents. , including police reports, witness statements, expert reports, electronic recordings, exculpatory evidence, and more—ensuring both sides have a comprehensive view of the evidence early in the process.
Sets strict and accelerated timelines for evidence disclosure—with shorter deadlines if the youth is detained—aiming to prevent delays and give juveniles and their attorneys enough time to prepare a defense. , which is particularly crucial given the developmental vulnerabilities and rights of young people.
Provides new remedies and sanctions for non-compliance with discovery rules. , including the possibility of excluding evidence, reopening hearings, or even dismissing charges, which strengthens accountability for both prosecutors and defense attorneys and encourages timely, complete disclosure.
Introduces detailed procedures for protective orders and redactions. , balancing transparency with safety or privacy concerns (such as witness protection or sensitive information), and gives courts flexibility to tailor discovery rules to the specifics of each case, promoting fairness and individualized justice.
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Who cares
Young people facing juvenile delinquency proceedings
The bill would require disclosure of available police reports, witness statements and exculpatory information at their initial appearance, plus discovery before deadlines to accept an admission offer.
Presentment agencies
The bill would require automatic evidence disclosure on specified deadlines, diligent efforts to obtain discoverable material and certificates confirming compliance.
Attorneys representing juvenile respondents
The bill would provide access to evidence for defense preparation while requiring reciprocal disclosure of specified evidence and witnesses they intend to present.
State and local law enforcement agencies
The bill would require them to provide complete case files upon a presentment agency’s request and require arresting officers or lead detectives to promptly identify known recordings in writing.
Headline styles
Expand Juvenile Court Discovery Rights
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Reported referred to codes
- Referred to children and families
Full text
15 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8085
2019-2020 Regular Sessions
IN ASSEMBLY
May 31, 2019
Introduced by M. of A. JOYNER -- read once and referred to the Committee on Children and Families
AN ACT to amend the family court act and the judiciary law, in relation to the discovery provisions applicable to juvenile delinquency proceedings in family court; and to repeal certain provisions of the family court act relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Sections 331.1, 331.2, 331.3, 331.4, 331.5, 331.6 and 331.7 of the family court act are REPEALED.
§ 2. The family court act is amended by adding thirteen new sections 331.1, 331.2, 331.3, 331.4, 331.5, 331.6, 331.7, 331.8, 331.9, 331.10, 331.11, 331.12 and 331.13 to read as follows:
§ 331.1. Initial appearance. 1. Disclosure. At the respondent's initial appearance, as defined in section 320.1 of this article, the presentment agency shall disclose to the respondent:
(a) any police or other law enforcement agency reports and written witness statements relating to the juvenile delinquency proceeding against the respondent that are within the presentment agency's possession at that time;
(b) electronic recordings relating to the juvenile delinquency proceeding against the respondent that are within the presentment agency's possession at that time, in accordance with paragraph (g) of subdivision one of section 331.3 of this part; and
(c) exculpatory information known to the presentment agency at that time.
2. Copy of records. If in the exercise of reasonable diligence and due to the limited availability of resources for downloading or copying recordings, a copy of an electronic recording discoverable under this section is unavailable at the initial appearance, a copy shall be made and disclosed to the respondent as soon as practicable but not later
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11961-01-9
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than five calendar days after the initial appearance, provided, however, that if the respondent is in detention, a copy shall be made not later than three days after the initial appearance. Portions of materials under this section claimed to be non-discoverable may be withheld pending a prompt request by the presentment agency for a determination and ruling of the court under section 331.11 of this part; but the discoverable portions of such materials shall be disclosed to the extent practicable.
§ 331.2. Timing of discovery after the initial appearance. 1. Presentment agency's performance of obligations. (a) The presentment agency shall perform its initial discovery obligations under subdivision one of section 331.3 of this part as soon as practicable but not later than fifteen calendar days after the respondent's initial appearance or not later than three days prior to the first scheduled fact-finding hearing date, whichever is earlier. Portions of materials claimed to be non-discoverable may be withheld pending a determination and ruling of the court under section 331.11 of this part; but the respondent shall be notified in writing that information has not been disclosed under a particular subdivision of this section, and the discoverable portions of such materials shall be disclosed to the extent practicable. When the discoverable materials are exceptionally voluminous, the time periods in this paragraph may be stayed by up to an additional ten calendar days or, if the respondent is in detention, up to an additional period of three days without need for a motion pursuant to subdivision two of section 331.11 of this part.
(b) The presentment agency shall perform its supplemental discovery obligations under subdivision three of section 331.3 of this part as soon as practicable but not later than fifteen calendar days prior to the first scheduled fact-finding hearing date, unless the respondent is in detention, in which case the presentment agency shall fulfill its supplemental discovery obligations not later than three days prior to the first scheduled fact-finding hearing date.
2. Respondent's performance of obligations. The respondent shall perform his or her discovery obligations under subdivision four of section 331.3 of this part not later than twenty-five calendar days after being served with the presentment agency's certificate of compliance pursuant to subdivision two of section 331.6 of this part or not later than three days prior to the first scheduled fact-finding hearing date, whichever is earlier. Portions of materials claimed to be non-discoverable may be withheld pending a determination and ruling of the court under section 331.11 of this part; but the presentment agency shall be notified in writing that information has not been disclosed under a particular section.
3. Timing adjustment. The time periods in this section may be adjusted by the court upon a finding of good cause based upon the needs of the case, the detention status of the respondent and the need for a fair and expeditious resolution of the proceeding.
§ 331.3. Automatic discovery. 1. Initial discovery for the respondent. The presentment agency shall disclose to the respondent, and permit the respondent to discover, inspect, copy, photograph and test, all items and information that relate to the subject matter of the case and are in the possession, custody or control of the presentment agency or persons under the presentment agency's direction or control, including but not limited to:
(a) All written or recorded statements, and the substance of all oral statements, made by the respondent or a co-respondent to a public serv-
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ant engaged in law enforcement activity or to a person then acting under his or her direction or in cooperation with him or her.
(b) All transcripts of the testimony of a person who has testified before a grand jury in a related criminal proceeding, including but not limited to the respondent or a co-respondent. The presentment agency shall request that the prosecutor of the matter before the grand jury provide a transcript of the testimony and, upon receipt of the request, the prosecutor shall promptly apply to the appropriate criminal court, with written notice to the presentment agency and the respondent, for a written order pursuant to section three hundred twenty-five of the judiciary law releasing a transcript to the presentment agency; provided, however, that the transcripts of the grand jury proceedings in a case removed from the youth part pursuant to article seven hundred twentyfive of the criminal procedure law shall be annexed to the petition or transferred to the family court in accordance with subdivision seven of section 311.1 of this article. If in the exercise of reasonable diligence, and due to the limited availability of transcription resources, a transcript is unavailable for disclosure within the time period specified in subdivision one of section 331.2 of this part, such time period may be stayed by up to an additional fifteen calendar days or, if the respondent is in detention, an additional period of three days, without need for a motion pursuant to subdivision two of section 331.11 of this part; provided, however, that such disclosure shall be made as soon as practicable and not later than fifteen calendar days prior to the first scheduled fact-finding hearing date, unless the respondent is in detention, in which case such disclosure shall be made not later than three days prior to the first scheduled fact-finding hearing date, unless an order is obtained pursuant to section 331.11 of this part. When the court is required to review grand jury transcripts, the presentment agency shall disclose such transcripts to the court expeditiously upon receipt by such agency, notwithstanding the otherwise applicable time periods for disclosure in this part.
(c) The names of, and adequate alternative contact information for, all persons other than law enforcement personnel whom the presentment agency knows to have evidence or information relevant to any act of juvenile delinquency charged or to any potential defense thereto, including a designation by the presentment agency as to which of those persons may be called as witnesses. Nothing in this paragraph shall require the disclosure of physical addresses; provided, however, upon a motion and good cause shown the court may direct the disclosure of a physical residence. Information under this subdivision relating to a confidential informant may be withheld, and redacted from discovery materials, without need for a motion pursuant to section 331.11 of this part; but the presentment agency shall notify the respondent in writing that such information has not been disclosed, unless the court rules otherwise for good cause shown.
(d) The name and work affiliation of all law enforcement personnel whom the presentment agency knows to have evidence or information relevant to any offense charged or to any potential defense thereto, including a designation by the presentment agency as to which of those persons may be called as witnesses. Information under this subdivision relating to undercover personnel may be withheld, and redacted from discovery materials, without need for a motion pursuant to section 331.11 of this part; but the presentment agency shall notify the respondent in writing that such information has not been disclosed, unless the court rules otherwise for good cause shown.
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(e) All statements, written or recorded or summarized in any writing or recording, made by persons who have evidence or information relevant to any offense charged or to any potential defense thereto, including all police reports, notes of police and other investigators, and law enforcement agency reports. This provision also includes statements, written or recorded or summarized in any writing or recording, by persons to be called as witnesses at pre-fact-finding hearings.
(f) Expert opinion evidence, including the name, business address, current curriculum vitae, a list of publications, and all proficiency tests and results administered or taken in the current employment or within the past ten years, whichever is longer, of each expert witness whom the presentment agency intends to call as a witness at the factfinding hearing or at a pre-trial motion hearing, and all reports prepared by the expert that pertain to the case, or if no report is prepared, a written statement of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. If in the exercise of reasonable diligence this information is unavailable for disclosure within the time period specified in subdivision one of section 331.2 of this part, that period shall be stayed without need for a motion pursuant to subdivision two of section 331.11 of this part; except that the presentment agency shall notify the respondent in writing that such information has not been disclosed, and such disclosure shall be made as soon as practicable and not later than fifteen calendar days prior to the first scheduled fact-finding hearing date, or, if the respondent is in detention, not later than three days prior to the first scheduled fact-finding hearing date, unless an order is obtained pursuant to section 331.11 of this part. When the presentment agency's expert witness is being called in response to disclosure of an expert witness by the respondent, the court shall alter a scheduled fact-finding hearing date, if necessary, to allow the presentment agency fifteen calendar days to make the disclosure and the respondent fifteen calendar days to prepare and respond to the new materials, unless the respondent is in detention, in which case the court may alter the scheduled fact-finding hearing date, if necessary, to allow the presentment agency an additional three days to make the disclosure and the respondent three days to prepare and respond to the new materials.
(g) All tapes or other electronic recordings, including all electronic recordings of 911 telephone calls made or received in connection with the alleged incident of juvenile delinquency, and a designation by the presentment agency as to which of the recordings under this paragraph the presentment agency intends to introduce at fact-finding hearing or a pre-trial motion hearing. If the discoverable materials under this paragraph exceed ten hours in total length, the presentment agency may disclose only the recordings that it intends to introduce at fact-finding hearing or a pre-fact-finding hearing, along with a list of the source and approximate quantity of other recordings and their general subject matter if known, and the respondent shall have the right upon request to obtain recordings not previously disclosed. The presentment agency shall disclose the requested materials as soon as practicable and not less than fifteen calendar days after the respondent's request, or, if the respondent is in detention, not less than three days after the respondent's request, unless an order is obtained pursuant to section 331.11 of this part.
(h) All photographs and drawings made or completed by a public servant engaged in law enforcement activity, or which were made by a person whom the presentment agency intends to call as a witness at fact-finding or a
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pre-trial motion hearing or which relate to the subject matter of the proceeding.
(i) All photographs, photocopies and reproductions made by or at the direction of law enforcement personnel of any property prior to its release.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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