Report on legislation regarding the rules of evidence at grand jury hearings

SUMMARY

The Committees on White Collar Crime and Criminal Justice Operations issued a report supporting state legislation that would amend the Criminal Procedure Law to allow the admissibility of (i) all business records when accompanied by a sworn statement, (ii) an identity theft victim’s affidavit indicating a lack of a grant of consent or permission to the alleged perpetrator, and (iii) electronic data authenticated by technological means. The committees believe is a welcome step forward to reform New York’s grand jury rules, and abrogates the need for in-person testimony in certain administrative, non-substantive matters, and helping to streamline grand jury proceedings. The committees cautioned that they would have some reservations should these same reforms be extended to trial proceedings, where cross-examination pertaining to such records may be warranted.

Originally Issued April 2015; Reissued May 2015

BILL INFORMATION

A.7568 (AM Kaminsky) / S.3870 (Sen. Hoylman) – relates to rules of evidence at grand jury hearings (NYS 2015-16)