Bill > A07936

This bill amends the criminal procedure law to require courts to carefully evaluate the prosecution's efforts when filing certificates of compliance (official documents confirming that discovery requirements have been met) in criminal cases. Specifically, the court must assess whether the prosecution filed these certificates in good faith, demonstrating due diligence and making reasonable inquiries to learn about required discovery. The bill outlines several factors for assessing due diligence, including the prosecution's efforts to comply with discovery rules, the timing of those efforts, the volume of discovery provided, case complexity, the obviousness of missing materials, explanations for discovery lapses, and the prosecution's response to identified gaps. Importantly, the prosecution's efforts will not be considered reasonable if they have not fulfilled their constitutional duties to evaluate and disclose evidence. This legislation aims to ensure greater transparency and accountability in the criminal discovery process, giving courts a more robust framework to review prosecutorial compliance with discovery obligations.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A7936