Bill Text: NY S01828 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the disclosure of information attending grand jury proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CODES [S01828 Detail]

Download: New_York-2015-S01828-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1828
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 15, 2015
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
         relation  to  the  disclosure  of  information  attending  grand  jury
         proceedings
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (a)  of subdivision 4 of section 190.25 of the
    2  criminal procedure law, as amended by chapter 677 of the laws  of  1985,
    3  is amended and a new paragraph (c) is added to read as follows:
    4    (a)  Grand  jury  proceedings are secret, and no grand juror, or other
    5  person, EXCEPT THE DISTRICT ATTORNEY, specified in subdivision three  of
    6  this  section  or  section  215.70  of the penal law, may, except in the
    7  lawful discharge of his OR HER duties  or  upon  written  order  of  the
    8  court,  disclose  the  nature  or substance of any grand jury testimony,
    9  evidence, or any decision, result or other matter attending a grand jury
   10  proceeding. For the purpose of assisting the grand  jury  in  conducting
   11  its investigation, evidence obtained by a grand jury may be independent-
   12  ly  examined  by  the  district  attorney,  members of his OR HER staff,
   13  police officers specifically assigned to  the  investigation,  and  such
   14  other  persons  as  the court may specifically authorize. [Such evidence
   15  may not be disclosed to  other  persons  without  a  court  order.]  THE
   16  DISTRICT ATTORNEY MAY DISCLOSE THE NATURE OR SUBSTANCE OF ANY GRAND JURY
   17  TESTIMONY, EVIDENCE, OR ANY DECISION, RESULT OR OTHER MATTER ATTENDING A
   18  GRAND  JURY PROCEEDING IN THE INTEREST OF JUSTICE BASED ON A VALID WRIT-
   19  TEN REQUEST. Nothing contained herein  shall  prohibit  a  witness  from
   20  disclosing his OR HER own testimony.
   21    (C)  WHEN A DISTRICT ATTORNEY DISCLOSES THE NATURE OR SUBSTANCE OF ANY
   22  GRAND JURY TESTIMONY, EVIDENCE, OR ANY DECISION, RESULT OR OTHER  MATTER
   23  ATTENDING  A  GRAND JURY PROCEEDING, HE OR SHE SHALL REDACT THE NAMES OF
   24  THE GRAND JURORS, THE NAMES OF ANY WITNESSES APPEARING BEFORE THE  GRAND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08046-01-5
       S. 1828                             2
    1  JURY,  ANY  EVIDENCE  THAT MAY IMPERIL THE HEALTH OR SAFETY OF ANY GRAND
    2  JUROR OR WITNESS APPEARING BEFORE THE GRAND JURY, ANY EVIDENCE THAT  MAY
    3  IDENTIFY ANY GRAND JUROR OR WITNESS APPEARING BEFORE THE GRAND JURY, ANY
    4  INFORMATION  THAT COULD IMPACT ANY CURRENT OR ONGOING INVESTIGATION, AND
    5  ANY OTHER INFORMATION IN THE INTEREST OF PUBLIC SAFETY.
    6    S 2. Section 215.70 of the penal law, as amended by chapter 843 of the
    7  laws of 1980, is amended to read as follows:
    8  S 215.70 Unlawful grand jury disclosure.
    9    A person is guilty of unlawful grand jury  disclosure  when,  being  a
   10  grand  juror,  [a public prosecutor,] a grand jury stenographer, a grand
   11  jury interpreter, a police officer or a peace officer guarding a witness
   12  in a grand jury proceeding, or  a  clerk,  attendant,  warden  or  other
   13  public  servant  having official duties in or about a grand jury room or
   14  proceeding, or a public officer or public employee,  he  OR  SHE  inten-
   15  tionally  discloses to another the nature or substance of any grand jury
   16  testimony, or any decision, result or other  matter  attending  a  grand
   17  jury  proceeding  which  is required by law to be kept secret, except in
   18  the proper discharge of his OR HER official duties or upon written order
   19  of the court.  Nothing contained herein shall prohibit  a  witness  from
   20  disclosing his own testimony.
   21    Unlawful grand jury disclosure is a class E felony.
   22    S 3. This act shall take effect immediately.