Bill > S07313

This bill amends the criminal procedure law to require courts to rigorously evaluate the prosecution's efforts when filing certificates of compliance in criminal discovery. Specifically, the bill mandates that courts assess whether the prosecution has filed certificates of compliance in "good faith" by demonstrating due diligence and making reasonable inquiries to learn of required discovery. The bill outlines several factors for assessing due diligence, including the prosecution's compliance efforts, timing of those efforts, volume of discovery provided, case complexity, obviousness of missing materials, explanation for discovery lapses, and the prosecution's response when informed of missing discovery. Importantly, the bill stipulates that the prosecution's efforts will not be considered reasonable if they have failed to evaluate and disclose evidence as required by state and federal constitutional standards. This amendment aims to ensure greater transparency and accountability in the criminal discovery process by creating a more robust judicial review of prosecution's discovery compliance.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S7313