Bill > S04353

This bill comprehensively reforms the discovery provisions for juvenile delinquency proceedings in New York's family court. It establishes detailed, structured guidelines for how and when the presentment agency (essentially the prosecution) must disclose evidence to the respondent (the juvenile defendant). Key provisions include requiring the presentment agency to disclose a wide range of materials at the initial court appearance, such as police reports, witness statements, electronic recordings, and exculpatory information. The bill mandates specific timelines for discovery, with different deadlines for cases involving detained and non-detained respondents. It also creates procedures for DNA evidence comparison, establishes a continuing duty to disclose new information, and provides mechanisms for protective orders to safeguard sensitive information. The bill includes provisions for remedies and sanctions if either party fails to comply with discovery requirements, emphasizing transparency while maintaining protections for witnesses and law enforcement. Importantly, the bill includes a presumption in favor of disclosure and aims to ensure that respondents have sufficient information to prepare their defense, while also providing flexibility for courts to adjust procedures based on the specific circumstances of each case.

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https://www.nysenate.gov/legislation/bills/2025/S4353