Bill Text: NY A05600 | 2019-2020 | General Assembly | Introduced


Bill Title: Permits corrective remedies, including but not limited to, preclusion, reversal or modification for violations of certain discovery rules in criminal proceedings only when substantial rights of the party are affected and such remedies shall be available only to the extent to correct prejudice caused by the violation.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2019-02-13 - referred to codes [A05600 Detail]

Download: New_York-2019-A05600-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5600
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 13, 2019
                                       ___________
        Introduced  by  M.  of  A.  MANKTELOW  -- Multi-Sponsored by -- M. of A.
          DeSTEFANO, McDONOUGH -- read once and referred  to  the  Committee  on
          Codes
        AN  ACT  to  amend the criminal procedure law, in relation to corrective
          remedies
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  criminal  procedure  law  is amended by adding a new
     2  section 240.46 to read as follows:
     3  § 240.46 Corrective remedies.
     4    A violation of section 240.45 will entitle a  party  to  a  corrective
     5  remedy  under  subdivision  one  of  section  240.70 only if the party's
     6  substantial rights are affected, and only to the extent required to cure
     7  the prejudice to those rights. A court shall not set aside a conviction,
     8  or reverse or modify a judgment, on account of a  violation  of  section
     9  240.45  unless  the  defendant  demonstrates that his or her substantial
    10  rights are affected.
    11    § 2. This act shall take effect on the first of November next succeed-
    12  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08943-01-9
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