What's happening
This bill requires courts to publicly release grand jury legal instructions after final action, with identifying witness information redacted if necessary.
Why it matters
Increases transparency into grand jury proceedings. by allowing the public to see the exact legal instructions given to grand jurors, which are critical in determining whether charges are brought—this could highlight if the law was presented clearly or if instructions might have influenced the outcome.
Creates a new standard for public access. to legal documents that were previously kept secret, potentially enabling journalists, advocates, and defendants to better scrutinize and challenge the fairness or accuracy of grand jury processes.
Balances openness with witness safety. by explicitly requiring courts to redact witness names and identifying information if public release could endanger individuals, aiming to protect vulnerable parties while still promoting accountability in the justice system.
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Who cares
Courts
The bill would require courts to release legal instructions and charges submitted to a grand jury upon request after its final action on any charges.
District attorneys
Legal instructions they provide to grand juries would become available for public scrutiny under the bill.
Grand jury witnesses
Courts would redact witness names and identifying information in legal instructions when a written order finds a reasonable likelihood that disclosure would endanger any individual.
Reporters
They could request grand jury legal instructions and charges after final action to examine the legal guidance given to grand jurors.
Headline styles
Release Grand Jury Instructions
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
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.
Release Grand Jury Instructions
In Assembly Committee · Codes · Sponsor Daniel O'Donnell
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5256
2019-2020 Regular Sessions
IN SENATE
April 18, 2019
Introduced by Sen. 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 public release of grand jury documents
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 6 of section 190.25 of the criminal procedure law is amended to read as follows:
6. (a) The legal advisors of the grand jury are the court and the district attorney, and the grand jury may not seek or receive legal advice from any other source. Where necessary or appropriate, the court or the district attorney, or both, must instruct the grand jury concerning the law with respect to its duties or any matter before it, and such instructions must be recorded in the minutes.
(b) Notwithstanding paragraph (a) of subdivision four of this section or any other law to the contrary, at any time following final action by the grand jury on any charge or charges, the court shall make such legal instructions and charges submitted to the grand jury available to the public on request, provided that the names of witnesses and any information that would identify such witnesses included in such legal instructions shall be redacted when the court determines, in a written order, that there is a reasonable likelihood that public release of such information would endanger any individual.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02939-01-9
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 public release of grand jury documents
Purpose or general idea of bill
To release the district attorney's grand jury charges to the public upon request once the grand jury has reached a final decision.
Summary of specific provisions
Section 1 amends Criminal Procedure Law 190.25(6)by adding a new para- graph (b) authorizing the release of grand jury charges. Section 2 provides an effective date.
Justification
Grand jury proceedings are secret because "if preindictment proceedings were made public, many prospective witnesses would be hesitant to come forward voluntarily"; "witnesses who appeared before the grand jury would be less likely to testify fully and frankly"; and "there also would be the risk that those about to be indicted would flee, or would try to influence individual grand jurors". Further, "persons who are accused but exonerated by the grand jury should not be held up to public ridicule". Burger Court in Douglas Oil Co. of Cal. v. Petrol Stops Northwest, 441 US 211 (1979).
Currently, district attorney charges to the grand jury are also kept secret as an extension of the secrecy afforded for the protection of witnesses, grand jurors and accused individuals. Since the crimes charged to the grand jury by the district attorney can have a serious effect on whether or not an individual is indicted, there is an overrid- ing public interest in understanding the charges that were presented to the grand jury by the elected district attorney. While the minutes of the grand jury should remained sealed to maintain the safety of witnesses and the integrity of the proceeding, no such safety concern exists for the charges the district attorney chose to present to the grand jury. This bill provides that once the grand jury has taken final action in a proceeding, the charges submitted to the grand jury can be released to the public upon request, with any information that endangers any individual redacted by the court.
Prior legislative history
A.7697 (2015-16, Codes), A.3325 (2017-18, Codes) New bill in Senate
Fiscal implications
None
Local fiscal implications
None
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.