New York 2025-2026 Regular Session

New York Senate Bill S05137

Introduced
2/19/25  
Refer
2/19/25  

Caption

Requires the prosecution to disclose to defense counsel certain information relating to jailhouse informants; requires prosecutors to notify victims of the informant's crimes if the prosecutor has offered the informant a benefit in exchange for testimony or other cooperation.

Summary

Bill S05137 amends the criminal procedure law and executive law in New York to enhance the transparency and accountability of jailhouse informants in criminal cases. It mandates that prosecutors disclose specific information regarding jailhouse informants to the defense, including their criminal history, any benefits offered to them for their testimony, and details of any recantations. Additionally, the bill requires that victims of crimes committed by jailhouse informants be notified when benefits are offered to these informants in exchange for their testimony.

Impact

The bill significantly impacts the prosecution of criminal cases involving jailhouse informants by imposing stricter disclosure requirements on prosecutors. It aims to prevent wrongful convictions that may arise from unreliable informant testimony and ensures that victims are informed about the dealings involving informants. This legislation could lead to a reevaluation of how informants are utilized in prosecutions and may affect the outcomes of cases where such testimony is pivotal.

Sentiment

The sentiment surrounding Bill S05137 appears to be cautiously supportive, with discussions emphasizing the importance of protecting defendants' rights and ensuring victims are informed. However, there may be concerns regarding the potential impact on the prosecution's ability to secure convictions, particularly in cases heavily reliant on informant testimony.

Contention

Notable points of contention include the balance between ensuring fair trial rights for defendants and the concerns of law enforcement regarding the potential hindrance to prosecuting cases effectively. Some may argue that the requirements for disclosure could dissuade informants from coming forward, while others emphasize the need for accountability and transparency in the use of informants.

Companion Bills

NY A00328

Same As Requires the prosecution to disclose to defense counsel certain information relating to jailhouse informants; requires prosecutors to notify victims of the informant's crimes if the prosecutor has offered the informant a benefit in exchange for testimony or other cooperation.

Previously Filed As

NY S00166

Requires the prosecution to disclose to defense counsel certain information relating to jailhouse informants; requires prosecutors to notify victims of the informant's crimes if the prosecutor has offered the informant a benefit in exchange for testimony or other cooperation.

NY A00328

Requires the prosecution to disclose to defense counsel certain information relating to jailhouse informants; requires prosecutors to notify victims of the informant's crimes if the prosecutor has offered the informant a benefit in exchange for testimony or other cooperation.

KS HB2131

Requiring prosecutors to disclose their intent to introduce testimony from a jailhouse witness and to forward related information to the Kansas bureau of investigation.

KS SB116

Requiring prosecutors to disclose their intent to introduce testimony from a jailhouse witness and to forward related information to the Kansas bureau of investigation.

OR HB2645

Relating to disclosures of impeachment information by prosecutors.

OK HB1973

Criminal procedure; clarifying and including additional evidentiary disclosure requirements for prosecutors; effective date.

OK HB1973

Criminal procedure; clarifying and including additional evidentiary disclosure requirements for prosecutors; effective date.

OK HB1317

Criminal procedure; clarifying and including additional evidentiary disclosure requirements for prosecutors; effective date.

OK HB1317

Criminal procedure; clarifying and including additional evidentiary disclosure requirements for prosecutors; effective date.

TX SB1440

Relating to required reporting of certain discretionary prosecutorial decisions of prosecuting attorneys.

Similar Bills

KS HB2131

Requiring prosecutors to disclose their intent to introduce testimony from a jailhouse witness and to forward related information to the Kansas bureau of investigation.

KS SB116

Requiring prosecutors to disclose their intent to introduce testimony from a jailhouse witness and to forward related information to the Kansas bureau of investigation.

OK HB1563

Criminal procedure; authorizing the issuance of subpoena duces tecum to businesses and commercial entities; codification; effective date.

OK HB1563

Criminal procedure; authorizing the issuance of subpoena duces tecum to businesses and commercial entities; codification; effective date.

OK HB2991

Criminal procedure; increasing certain time limitations; effective date.

OK HB3742

Criminal procedure; Due Process Protection Act of 2026; preliminary examinations and proceedings; disclosure; effective date.

OK SB1267

Oklahoma Criminal Discovery Code; requiring certain disclosures by the state; requiring certain disclosure by the defense. Effective date.