Bill Text: NY S01730 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to rules of evidence at grand jury hearings.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S01730 Detail]

Download: New_York-2021-S01730-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1730

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 14, 2021
                                       ___________

        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  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 2-a and subparagraph (ii) of paragraph (a) of
     2  subdivision 8 of section 190.30 of the criminal procedure law,  subdivi-
     3  sion  2-a as amended by chapter 453 of the laws of 1999 and subparagraph
     4  (ii) of paragraph (a) of subdivision 8 as added by chapter  279  of  the
     5  laws of 2008, are amended to read as follows:
     6    2-a. When the electronic transmission of a certified report, or certi-
     7  fied  copy  thereof, of the kind described in subdivision two or three-a
     8  of this section or a sworn  statement  or  copy  thereof,  of  the  kind
     9  described  in subdivision three of this section, or a business record as
    10  in rule forty-five hundred eighteen of the civil practice law and rules,
    11  results in a written document, such written document may be received  in
    12  such  grand  jury proceeding provided that: (a) a transmittal memorandum
    13  completed by the person sending the report contains a certification that
    14  the report has not been altered and a description of the report specify-
    15  ing the number of pages; and (b) the person who receives  the  electron-
    16  ically transmitted document certifies that such document and transmittal
    17  memorandum  were  so received; and (c) a certified report or a certified
    18  copy or sworn statement or sworn copy thereof is filed  with  the  court
    19  within  twenty  days  following arraignment upon the indictment; and (d)
    20  where such written document is a sworn statement or sworn  copy  thereof
    21  of  the  kind described in subdivision three of this section, such sworn
    22  statement or sworn copy thereof is also provided to the defendant or his
    23  counsel within twenty days following arraignment upon the indictment.
    24    (ii) financial transactions, and a person's  ownership  or  possessory
    25  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.
                                                                   LBD05313-01-1
        S. 1730                             2

     1  exchange or banking organization as defined in section two of the  bank-
     2  ing  law.  All records as defined in rule forty-five hundred eighteen of
     3  the civil practice law and rules may be  received  in  such  grand  jury
     4  proceedings as evidence of the facts stated or contained therein.
     5    §  2. Paragraph (g) of subdivision 3 of section 190.30 of the criminal
     6  procedure law, as added by chapter 690 of the laws of 2005,  is  amended
     7  and two new paragraphs (h) and (i) are added to read as follows:
     8    (g)  that person's ownership of, or possessory right in, a credit card
     9  account number or debit card account number, and the defendant's lack of
    10  superior or equal right to use or possession thereof[.];
    11    (h) that person's possessory right in "personal  identifying  informa-
    12  tion"  or  a  "personal  identification  number,"  as defined in section
    13  190.77 of the penal law, and the defendant's lack of superior  or  equal
    14  right to use or possession thereof;
    15    (i)  that  person's  qualifications as a custodian of records and data
    16  stored and maintained by an electronic communications service or  remote
    17  computing  service, and specified records and data before the grand jury
    18  are true and accurate copies of the records and data maintained  by  the
    19  custodian.
    20    §  3.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law.