BILL NUMBER: S613
SPONSOR: MYRIE
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to giving prose-
cutors' offices access to law enforcement records for discovery purposes
 
PURPOSE:
This legislation would grant district attorneys' offices direct access
to law enforcement records and databases related to the subject matter
of criminal cases.
 
SUMMARY OF PROVISIONS:
Section 1 expresses the legislature's intent to promote the timely and
fair resolution of criminal cases, advancing the interests of justice
for both defendants and the public at large, by easing the administra-
tive burden on district attorneys and police departments alike through
the provision to district attorneys of direct access to law enforcement
records and databases.
Section 2 provides that each district attorney's office shall have
access to the electronic records systems of police departments operating
in its county that contain information related to the subject matter of
criminal cases. Each police department shall issue no fewer than one
login credential to the district attorney's office, and no fewer than
one additional login credentials every twenty-thousand residents of the
county.
Section 3 establishes that the act shall take effect on the ninetieth
day after it shall have become a law.
 
JUSTIFICATION:
The legislature enacted reforms of the discovery process to enhance
transparency and fairness in criminal proceedings by ensuring that
defendants have timely access to the evidence against them. However, the
implementation of these reforms has placed significant burdens on both
district attorneys' offices and law enforcement agencies, which must
meet tight deadlines for the collection and disclosure of vast amounts
of records. The effects of this burden are exacerbated by the current
lack of direct access by district attorneys' offices to law enforcement
evidence systems, forcing prosecutors to rely on a manual and delayed
process for obtaining critical materials.
To address these challenges, this act seeks to improve the efficiency of
the discovery process by granting district attorneys' offices direct
access to law enforcement records and databases related to the subject
matter of criminal cases. This access will help alleviate delays, reduce
the administrative burden on both prosecutors and law enforcement, and
ensure that cases are resolved based on their merits rather than proce-
dural failures. By allowing staff in district attorneys' offices to
directly retrieve records, the act also aims to return police officers
to their core responsibilities of maintaining public safety.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
To be Determined.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S613: 245.20 criminal procedure law