What's happening
This bill allows town or village courts that meet bi-monthly or less to delay discovery by up to 21 extra days.
Why it matters
Addresses scheduling realities in small towns. By allowing courts that meet only every other month (or less) to delay discovery, the bill recognizes the logistical constraints and limited resources often faced in rural or less-populated areas.
Could impact case preparation and defendant rights. An extra 21 days before discovery is turned over may slow the defense's ability to prepare, possibly affecting bail decisions, plea negotiations, or trial readiness for those facing charges in these jurisdictions.
Creates a distinct procedural timeline for certain courts. The bill introduces a unique exception for town and village courts, setting them apart from other criminal courts in New York and potentially leading to uneven case timelines based on geography.
May ease pressure on prosecutors in low-frequency courts. Prosecutors serving part-time or in multiple jurisdictions may benefit from the additional time to gather and review evidence, potentially reducing errors or incomplete disclosures in these smaller courts.
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Who cares
Headline styles
Extend Discovery Deadlines
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- 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.
Allow Longer Discovery Delays
In Assembly Committee · Codes · Sponsor Fred Thiele
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7121
IN SENATE (Prefiled)
January 8, 2020
Introduced by Sen. GAUGHRAN -- 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 issuing an additional stay of up to twenty-one days for the timing of discovery in certain courts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 1 of section 245.10 of the criminal procedure law, as amended by section 2 of part LLL of chapter 59 of the laws of 2019, is amended to read as follows:
(a) The prosecution shall perform its initial discovery obligations under subdivision one of section 245.20 of this article as soon as practicable but not later than fifteen calendar days after the defendant's arraignment on an indictment, superior court information, prosecutor's information, information, simplified information, misdemeanor complaint or felony complaint. Portions of materials claimed to be non-discoverable may be withheld pending a determination and ruling of the court under section 245.70 of this article; but the defendant shall be notified in writing that information has not been disclosed under a particular subdivision of such section, and the discoverable portions of such materials shall be disclosed to the extent practicable. When the discoverable materials are exceptionally voluminous or, despite diligent, good faith efforts, are otherwise not in the actual possession of the prosecution, the time period in this paragraph may be stayed by up to an additional thirty calendar days without need for a motion pursuant to subdivision two of section 245.70 of this article. Notwithstanding the foregoing, in a town or village court which convenes on a bi-monthly basis or less frequently, the time periods in this paragraph may be stayed by up to an additional twenty-one days without need for a motion pursuant to subdivision two of section 245.70 of this article.
§ 2. This act shall take effect immediately; provided, however that if section 2 of part LLL of chapter 59 of the laws of 2019 shall not have taken effect on or before such date, then section one of this act shall take effect on the same date and in the same manner as such section 2 of part LLL of chapter 59 of the laws of 2019, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14512-02-9
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 issuing an additional stay of up to twenty-one days for the timing of discovery in certain courts
Purpose
This bill gives town and village courts that meet on a bi-monthly or monthly basis the ability to stay without need for a motion, the timing requirements contained in the new Discovery Reform Laws.
Justification
This bill would allow a town or village justice, without need for a motion, to stay the timing requirements contained in the new Discovery Reform Law for an additional 21 days in courts that meet on a bi-monthly basis or less frequently.
Requiring discovery material to be turned over within fifteen days of arraignment would be burdensome in smaller town and village courts that do not meet on a daily or even weekly basis. The staff responsible for complying with the discovery requirements and preparing these materials are often part-time employees that only work on days that the court is in session. Furthermore, if the Court is not meeting, then the prosecu- tor will be unable to make a motion for additional time to comply with discovery. If the court is only meeting on a bi-monthly, or monthly, basis, the judge or justice should have the discretion to extend the time periods that the prosecutor has to turn over discovery material.
Legislative history
New Legislation.
Fiscal implications
None to the State and potential cost savings for local governments.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.