What's happening
This bill amends New York's criminal procedure law to allow business records and certain digital evidence as admissible evidence in grand jury proceedings.
Why it matters
Expands the types of evidence available in grand jury proceedings. , allowing business records and a wider range of digital records (such as emails, account data, and cloud-stored files) to be introduced more easily. This could make it easier for prosecutors to build cases involving financial crimes, identity theft, or cybercrimes.
Reduces hurdles for admitting electronic and remote records. , including those from banks, insurance companies, and online services, by accepting certain certifications from custodians of records. This can streamline investigations that rely on digital or third-party business information.
Formally recognizes the authority of custodians of electronic records. to attest to the accuracy and authenticity of data, which could lead to more reliable use of digital evidence and may reduce the need for in-person testimony from record keepers.
May impact defendants’ ability to challenge evidence. , since broader admissibility of business and digital records could limit opportunities to contest the foundation or authenticity of such evidence at the grand jury stage, potentially increasing the likelihood of indictments.
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Who cares
Headline styles
Update Evidence Rules Grand Juries
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1473
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sens. HOYLMAN, KAMINSKY -- 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 rules of evidence at grand jury hearings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2-a and subparagraph (ii) of paragraph (a) of subdivision 8 of section 190.30 of the criminal procedure law, subdivision 2-a as amended by chapter 453 of the laws of 1999 and subparagraph (ii) of paragraph (a) of subdivision 8 as added by chapter 279 of the laws of 2008, are amended to read as follows:
2-a. When the electronic transmission of a certified report, or certified copy thereof, of the kind described in subdivision two or three-a of this section or a sworn statement or copy thereof, of the kind described in subdivision three of this section, or a business record as in rule forty-five hundred eighteen of the civil practice law and rules, results in a written document, such written document may be received in such grand jury proceeding provided that: (a) a transmittal memorandum completed by the person sending the report contains a certification that the report has not been altered and a description of the report specifying the number of pages; and (b) the person who receives the electronically transmitted document certifies that such document and transmittal memorandum were so received; and (c) a certified report or a certified copy or sworn statement or sworn copy thereof is filed with the court within twenty days following arraignment upon the indictment; and (d) where such written document is a sworn statement or sworn copy thereof of the kind described in subdivision three of this section, such sworn statement or sworn copy thereof is also provided to the defendant or his counsel within twenty days following arraignment upon the indictment.
(ii) financial transactions, and a person's ownership or possessory interest in any account, at a bank, insurance company, brokerage,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07338-01-9
S. 1473 2
exchange or banking organization as defined in section two of the banking law. All records as defined in rule forty-five hundred eighteen of the civil practice law and rules may be received in such grand jury proceedings as evidence of the facts stated or contained therein.
§ 2. Paragraph (g) of subdivision 3 of section 190.30 of the criminal procedure law, as added by chapter 690 of the laws of 2005, is amended and two new paragraphs (h) and (i) are added to read as follows:
(g) that person's ownership of, or possessory right in, a credit card account number or debit card account number, and the defendant's lack of superior or equal right to use or possession thereof[.];
(h) that person's possessory right in "personal identifying information" or a "personal identification number," as defined in section 190.77 of the penal law, and the defendant's lack of superior or equal right to use or possession thereof;
(i) that person's qualifications as a custodian of records and data stored and maintained by an electronic communications service or remote computing service, and specified records and data before the grand jury are true and accurate copies of the records and data maintained by the custodian.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
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 rules of evidence at grand jury hearings
Purpose or general idea of bill
Makes procedural changes to the criminal procedure law to allow certain evidence to be presented to a grand jury without the need for calling a live authenticating witness. Instead, a sworn affidavit or affirmation from a qualified person would be sufficient to allow all business records, the theft of personal identifying information, and electronic records and data to be considered as evidence by a grand jury.
Summary of specific provisions
Section 1 amends subdivision 2-a and subparagraph (ii) of paragraph (a) of subdivision 8 of section 190.30 of the criminal procedure law, subdi- vision 2a as amended by chapter 453 of the laws of 1999, and subpara- graph (ii) of paragraph (a) of subdivision 8 as added by chapter 279 of the laws of 2008.
Read the full memo (698 words)
Section 2 amends paragraph (g) of subdivision 3 of section 190.30 of the criminal procedure law, as added by chapter 690 of the laws of 2005, and adds two new paragraphs (h) and (i).
Section 3 establishes that this act shall take effect on the ninetieth day after it shall have become a law.
Justification
Business Records: Current law allows certain business records of finan- cial institutions, telephone companies, and internet service providers to be admissible to a grand jury when accompanied by a sworn statement attesting to the authenticity of the records. This bill would expand existing law to include business records from other types of industries, including law firms, manufacturing companies, and technology companies.
Identity Theft Victims: Existing law allows certain crime victims' testimony to be admitted to a grand jury via affidavit, specifically those whose testimony is limited to resolving the question of a legal right or status of the witness or his or her property (e.g. the owner of a stolen car, the owner of a burglarized home, or the owner of a credit card). The law does not currently include victims whose "personal iden- tifying information" or "personal identification number" have been stolen to submit testimony by affidavit, requiring victims to testify in person before a grand jury, even if they live in other cities, states, or countries. This bill would allow identity theft victims to submit testimony via affidavit.
Electronic Data: Current law allowing the admission of certain business records via affidavit does not allow for the authentication of electron- ic data, such as the contents of e-mails, via affidavit. A live witness must appear before a grand jury to authenticate "recorded conversations or images communication thereby."
Increasingly, prosecutors are handling cases involving electronic data, such as e-mails, test messages, and social media posts that are housed on servers located around the world. For a live witness to authenticate such records, prosecutors often have to fly in the witness, and provide them with food and lodging, merely to authenticate that a CD or files provided to prosecutors are indeed the records produced by the company in response to the legal process. This bill would close that loophole and allow such electronic records to be submitted as testimony to a grand jury via affidavit.
The procedural reforms in this bill are consistent with recommendations made by the District Attorneys Association of the State of New York's White Collar Crime Task Force in its 2013 report. The amendments contained in this bill would save significant taxpayer dollars, elimi- nate time-consuming requirements on government, businesses, grand jurors, and identity theft victims, while preserving defendants' rights to contest the accuracy and authenticity of the evidence. Doing so would permit prosecutors to investigate more complex white collar and cyber- crime cases, and comport New York State Law more closely with federal law and the laws of at least 26 other states.
Prior legislative history
S.314 of 2017-2018 (Hoylman): Died in Codes S.3870 of 2015-2016 (Hoylman): Died in Codes A.7568 of 2015-2016 (Kaminsky): Died in Codes (2015)/Enacting Clause Stricken 2016)
Fiscal implications
Savings to taxpayers for reimbursements of witnesses' travel, lodging, and food.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.