BILL NUMBER: S336
SPONSOR: BAILEY
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to grand jury
proceedings
 
PURPOSE OR GENERAL IDEA OF BILL:
The bill is designed to increase transparency and facilitate additional
involvement of the court in grand jury proceedings.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the relevant provisions of the criminal procedure law
to allow the court to request an interpreter.
Section two amends the relevant provisions of the criminal procedure law
to allow for the disclosure of certain materials relating to the
proceedings under certain circumstances.
In proceedings involving any defendant, when the grand jury does not
bring an indictment for a felony charge, the following information would
be available for release: the criminal charges submitted, legal
instructions given to the grand jury, testimony of expert witnesses,
testimony of public servants who testified in an official capacity, and
the testimony of other witnesses (redacted as necessary to prevent
discovery of their names and personal data or information that may
reveal identity). Both the district attorney and the person against whom
charges were presented would be able to appear and be heard in support
of or opposition to any application for release of such information and
records. Additionally, the court will consider whether disclosure would
reveal the identities of witnesses, imperil the health or safety of a
grand juror or witness, jeopardize a current or future criminal investi-
gation, create a threat to public safety, or if it is not in the inter-
ests of justice. If the court determines disclosure in whole or in part
is not appropriate, it will issue a written order.
 
JUSTIFICATION:
This legislation is designed to foster public confidence in the judicial
system in several ways. First, in all cases, it expressly authorizes the
presence of a superior court judge in the grand jury room, except during
deliberations and voting. Under existing law, the grand jury is empa-
neled by the superior court and "constitutes a part of such court." The
judge, along with the district attorney, serves as legal advisor to the
grand jury. Thus, it is appropriate that the judge be among the people
authorized by CPL § 190.25 (3) to be in the grand jury room.
Second, this bill enhances public trust in our grand jury process by
granting the court the authority to disclose grand jury material when it
serves the public interest. Currently when an indictment occurs, public
charges are filed and the public generally learns the specific charges
and, as the matter unfolds, further details. However, when no indictment
occurs, all information about the proceedings remains secret, unless
released under limited circumstances. This lack of information and
closed process often leaves individuals distrustful of the system and
skeptical of its fairness. This bill functions to create circumstances
where disclosure is warranted because the public is already aware of the
grand jury proceedings and the identity of the suspect and has an inter-
est in the disclosure.
 
PRIOR LEGISLATIVE HISTORY:
2019-20: S2185 - Referred to Codes
2021-22: S3314A - Referred to Codes
2023-24: S963 - Referred to Codes
 
FISCAL IMPLICATIONS:
The bill would have minimal additional costs.
 
EFFECTIVE DATE:
The bill takes effect thirty days after becoming a law.

Statutes affected:
S336: 190.25 criminal procedure law, 190.25(3) criminal procedure law, 190.25(4) criminal procedure law