New York Senate Bill S00144

New York 2025-2026 Regular Session

• Introduced: 1/8/25
• Refer: 1/8/25
• Refer: 1/7/26

Caption

Repeals provisions dealing with discovery and the ability for a defendant to request access to a crime scene or other relevant premises.

Summary

This bill would repeal subdivision 2 of section 245.30 of the New York Criminal Procedure Law. That subdivision currently addresses court orders that may grant a defendant access to a crime scene or other relevant premises as part of criminal discovery. By removing this provision, the bill would eliminate the statutory mechanism for a defendant to seek court-ordered entry to inspect a crime scene or similar location. In practical terms, the measure narrows a defendant’s discovery-related access rights in criminal cases and changes how courts may handle requests for physical inspection of locations tied to the alleged offense. The bill takes effect immediately if enacted, and it would directly affect criminal procedure, prosecutors, defense counsel, courts, and property owners or custodians of premises involved in criminal investigations or prosecutions.

Impact

The bill would amend the Criminal Procedure Law by deleting subdivision 2 of section 245.30, thereby removing an existing statutory basis for court-ordered defendant access to a crime scene or other relevant premises. This would alter discovery practice in criminal cases and could reduce the ability of defendants to obtain on-site inspection orders through that provision, shifting how such requests are litigated and potentially limiting access to physical evidence locations.

Sentiment

There is limited recorded legislative discussion or voting history available for this bill, so no clear consensus can be drawn from committee debate or floor votes. Based on the bill text alone, the measure appears to reflect a policy preference for restricting a defendant’s access to premises during discovery, which may be viewed favorably by prosecutors or property owners and unfavorably by defense advocates. Because no transcripts or votes are provided, the overall sentiment cannot be assessed beyond that.

Contention

The main point of contention is likely the balance between criminal defendants’ discovery rights and the interests of the prosecution, victims, and property owners in limiting access to crime scenes or other premises. Supporters of repeal may argue that court-ordered access is unnecessary, burdensome, or intrusive, while opponents may contend that such access can be important for preparing a defense and ensuring fairness. No specific named stakeholders or recorded objections are available in the provided materials.