BILL NUMBER: S4353
SPONSOR: BAILEY
 
TITLE OF BILL:
An act to amend the family court act and the judiciary law, in relation
to the discovery provisions applicable to juvenile delinquency
proceedings in family court; and to repeal certain provisions of the
family court act relating thereto
 
PURPOSE:
To align discovery practices for juvenile delinquency proceedings in
Family Court with legislation recently enacted for discovery matters
regarding adults in criminal court.
 
SUMMARY OF PROVISIONS:
Section one of the bill repeals various sections of article 3 of the
Family Court Act. Section two adds thirteen new sections to article 3
regarding discovery provisions applicable to juvenile delinquency
proceedings, including initial appearance; timing of discovery after the
initial appearance; automatic discovery; disclosure prior to an admis-
sion by the respondent and waiver of discovery by the respondent; court
orders for preservation, access, or discovery; court ordered procedures
to facilitate compliance and certificates of compliance; non-testimonial
evidence from the respondent and DNA comparison order; flow of informa-
tion; continuing duty to disclose; work product; protective orders;
remedies or sanctions for noncompliance; and admissibility of discovery.
Sections three and four make conforming changes to the judiciary law and
the Family Court Act relating to the new discovery provisions.
 
EXISTING LAW:
None.
 
JUSTIFICATION:
This bill is necessary to adequately protect children's constitutional
rights in juvenile delinquency proceedings in Family Court.
 
LEGISLATIVE HISTORY:
2021-22: Referred to Children and Families
2023-24: Reported and Committed to Finance
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the first of January.

Statutes affected:
S4353: 325 judiciary law, 325(2) judiciary law