What's happening
This bill allows for public disclosure of certain grand jury materials in cases of dismissed charges, under specific conditions and court approval.
Why it matters
Increases transparency in grand jury proceedings. By permitting disclosure of grand jury materials after charges are dismissed (under certain conditions), the bill addresses public demands for accountability in high-profile or controversial cases.
Establishes a structured, court-supervised process. Disclosure is not automatic; it requires a written application, notice to involved parties, and a judicial finding that there is significant public awareness and interest, ensuring that sensitive information is not released lightly.
Protects personal safety and ongoing investigations. The court can limit or deny disclosure if releasing materials could endanger witnesses, jurors, public safety, or compromise current/future criminal investigations, balancing transparency with safety and justice concerns.
Creates a written record for denied disclosures. If the court decides against releasing materials, it must issue a detailed written order explaining why, promoting accountability and providing a basis for potential appeals or public understanding.
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Who cares
Headline styles
Open Grand Jury Records
Plain English, a few words. Used as the page title.
Sponsors
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.
Open Grand Jury Records
Assembly Floor Calendar · Sponsor Walter T. Mosley
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2185
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sens. BAILEY, BENJAMIN, COMRIE, HOYLMAN, MONTGOMERY, PARK- ER, SEPULVEDA -- 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 grand jury proceedings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (d) of subdivision 3 of section 190.25 of the criminal procedure law is amended and a new paragraph (a-1) is added to read as follows:
(a-1) A judge or justice of the superior court;
(d) An interpreter. Upon request of the grand jury or the court, the prosecutor must provide an interpreter to interpret the testimony of any witness who does not speak the English language well enough to be readily understood. Such interpreter must, if he or she has not previously taken the constitutional oath of office, first take an oath before the grand jury that he or she will faithfully interpret the testimony of the witness and that he or she will keep secret all matters before such grand jury within his or her knowledge;
§ 2. Subdivision 4 of section 190.25 of the criminal procedure law is amended by adding six new paragraphs (c), (d), (e), (f), (g) and (h) to read as follows:
(c) In addition to paragraphs (a) and (b) of this subdivision, when, following submission to a grand jury of a criminal charge or charges, the grand jury dismisses all charges presented or directs the district attorney to file in a local criminal court a prosecutor's information charging an offense other than a felony, as provided in subdivision one of section 190.70 of this article, an application may be made to the superior court for disclosure of the following material relating to the proceedings before such grand jury:
(i) the criminal charge or charges submitted;
(ii) the legal instructions provided to the grand jury;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05605-01-9
S. 2185 2
(iii) the testimony of all public servants who testified in an official capacity before the grand jury and of all persons who provided expert testimony; and
(iv) the testimony of all other persons who testified before the grand jury, redacted as necessary to prevent discovery of their names and such other personal data or information that may reveal or help to reveal their identities.
(d) The application specified in paragraph (c) of this subdivision may be made by any person, must be in writing and, except where made by the people, must be upon notice to the people. The court shall direct or provide notice to any other appropriate person or agency. Where more than one application is made hereunder in relation to such a dismissal or direction, the court may consolidate such applications and determine them together. When no application hereunder is made, the superior court may order disclosure on its own motion as provided in paragraph (e) of this subdivision at any time following notice to the people and an opportunity to be heard and reasonable efforts to notify and provide an opportunity to be heard to any other appropriate person or agency.
(e) Upon an application as provided in paragraph (c) of this subdivision or on the court's own motion, the court, after providing persons given notice an opportunity to be heard, shall determine whether:
(i) a significant number of members of the general public in the county in which the grand jury was drawn and impaneled are likely aware that a criminal investigation had been conducted in connection with the subject matter of the grand jury proceeding; and
(ii) a significant number of members of the general public in such county are likely aware of the identity of the subject against whom the criminal charge specified in paragraph (c) of this subdivision was submitted to a grand jury, or such subject has consented to such disclosure; and
(iii) there is significant public interest in disclosure.
Where the court is satisfied that all three of these factors are present, and except as provided in paragraph (f) of this subdivision, the court shall direct the district attorney to promptly disclose the items specified in paragraph (c) of this subdivision.
(f) Notwithstanding any other provisions of this subdivision, on application of the district attorney or any interested person, or on its own motion, the court shall limit disclosure of the items specified in paragraph (c) of this subdivision, in whole or part, where the court determines there is a reasonable likelihood that such disclosure may lead to discovery of the identity of a witness who is not a public servant or expert witness, imperil the health or safety of a grand juror who participated in the proceeding or a witness who appeared before the grand jury, jeopardize an identified current or future criminal investigation, create a specific threat to public safety, or despite the interests reflected by this subdivision is contrary to the interests of justice.
(g) Where a court determines not to direct disclosure, in whole or in part, pursuant to this subdivision, it shall do so promptly in a written order that shall explain with specificity, to the extent practicable, the basis for its determination.
(h) Nothing in this paragraph or paragraphs (c), (d), (e), (f) or (g) of this subdivision shall be interpreted as limiting or restricting any broader right of access to grand jury materials under any other law, common law or court precedent.
S. 2185 3
§ 3. This act shall take effect on the thirtieth 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 grand jury proceedings
Purpose or general idea of bill
The bill is designed to increase transparency and facilitate additional involvement of the court in grand jury proceedings.
Summary of specific provisions
Section one would amend subdivision two of section 190.25 of the Crimi- nal Procedure Law to assure that, as a part of carrying out his or her duties under law, a judge of the superior court is authorized to be present in the grand jury room, except during deliberations and voting by the grand jury.
Section two would make information and records concerning certain grand jury proceedings more readily available to the public. In proceedings involving any defendant, when the grand jury does not bring an indict- ment for a felony charge, the following information would be available for release: the criminal charges submitted, legal instructions given to the grand jury, testimony of expert witnesses, testimony of public serv- ants who testified in an official capacity, and the testimony of other witnesses (redacted as necessary to prevent discovery of their names and personal data or information that may reveal identity).
Both the district attorney and the person against whom charges were presented would be able to appear and be heard in support of or oppo- sition to any application for release of such information and records.
Additionally the court will consider whether disclosure would reveal the identities of witnesses, imperil the health or safety of a grand juror or witness, jeopardize a current or future criminal investigation, create a threat to public safety, or if it is not in the interests of justice.
In the event that the court determines disclosure in whole or in part is not appropriate, it will issue a written order.
Justification
This legislation is designed to foster public confidence in the judicial system in several ways. First, in all cases, it expressly authorizes the presence of a superior court judge in the grand jury room, except during deliberations and voting. Under existing law, the grand jury is empa- neled by the superior court and "constitutes a part of such court." The judge, along with the district attorney, serves as legal advisor to the grand jury. Thus it is appropriate that the judge be among the persons authorized by CPL § 190.25 (3) to be in the grand jury room.
Second, this bill will enhance public trust in our grand jury process by granting the court the authority to disclose grand jury material when it serves the public interest. Currently when an indictment occurs, public charges are filed and the public generally learns the specific charges and, as the matter unfolds, further details. However, when no indict- ment occurs, all information about the proceedings remains secret, unless released under limited circumstances. This lack of information and closed process often leaves individuals distrustful of the system and skeptical of its fairness. This bill functions to create circum- stances where disclosure is warranted because the public is already aware of the grand jury proceedings and the identity of the suspect, and has an interest in the disclosure.
Prior legislative history
2017-18: S5424 - Referred to Codes
Fiscal implications
The bill would have minimal additional costs.
Effective date
The bill takes effect in thirty days.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.