New York Senate Bill S05569 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5569 2023-2024 Regular Sessions  IN SENATE March 8, 2023 ___________ Introduced by Sen. BRISPORT -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to the filing of pre-trial motions in criminal cases The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 255.20 of the criminal procedure 2 law, as amended by section 7 of part LLL of chapter 59 of the laws of 3 2019, is amended to read as follows: 4 1. Except as otherwise expressly provided by law, whether the defend- 5 ant is represented by counsel or elects to proceed pro se, all pre-trial 6 motions shall be served or filed within forty-five days after arraign- 7 ment or the filing of a proper certificate of compliance pursuant to 8 subdivision one of section 245.50 of this title, whichever is later, and 9 before commencement of trial, or within such additional time as the 10 court may fix upon application of the defendant made prior to entry of 11 judgment. In an action in which either (a) material or information has 12 been disclosed pursuant to paragraph (b), (m) or (n) of subdivision one 13 of section 245.20 of this title, (b) an eavesdropping warrant and appli- 14 cation have been furnished pursuant to section 700.70 of this chapter, 15 or (c) a notice of intention to introduce evidence has been served 16 pursuant to section 710.30 of this chapter, such period shall be 17 extended until forty-five days after the last date of such service. If 18 the defendant is not represented by counsel and has requested an 19 adjournment to obtain counsel or to have counsel assigned, such forty- 20 five day period shall commence on the date counsel initially appears on 21 defendant's behalf. 22 § 2. This act shall take effect on the ninetieth day after it shall 23 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08719-01-3