Clarifies the definition of business records and the use of such records in grand jury proceedings.
Summary
This bill amends the Criminal Procedure Law provision governing business records in grand jury proceedings. It narrows and clarifies what kinds of business records may be received as evidence by removing the prior specific examples of records relating to communications services and financial transactions, and instead referring more generally to business records generated by a business entity as defined in the Civil Practice Law and Rules. The bill also revises the rule for records containing extra material, providing that any information outside the scope of the regularly generated business record must be redacted or accompanied by a limiting instruction so the grand jury does not consider that material for criminal charges.
In practical terms, the bill updates how prosecutors may present business records to grand juries and how courts or prosecutors must handle records that contain information beyond the ordinary business-record content. It takes effect immediately and would affect criminal procedure, grand jury practice, and the handling of documentary evidence from businesses, including records from financial institutions, communications providers, and other entities when such records are used in investigations.
Impact
The bill amends section 190.30 of the Criminal Procedure Law, specifically subdivision 8, which governs the admissibility of business records in grand jury proceedings. It removes outdated or overly specific statutory examples and replaces them with broader language tied to the CPLR business-records definition, while also strengthening the requirement that extraneous material be redacted or limited by instruction. The change affects prosecutors, defense counsel, grand juries, and businesses that produce records in criminal investigations, and it may influence how documentary evidence is prepared and reviewed before presentation to a grand jury.
Sentiment
The available context suggests a neutral-to-supportive posture, with the bill presented as a clarifying measure rather than a controversial policy shift. The caption describes it as a clarification of the definition and use of business records in grand jury proceedings, and there is no recorded committee transcript or vote history indicating opposition or debate. Overall, the bill appears to be a technical criminal procedure update intended to modernize and streamline evidentiary rules.
Contention
Because there are no committee transcripts or votes provided, no specific points of contention are documented in the available record. Potential areas of concern, based on the text, would be the scope of records prosecutors may use in grand jury proceedings and the handling of sensitive or extraneous information within business records. Any disagreement would likely center on whether the broader definition gives prosecutors too much flexibility or whether the redaction and limiting-instruction requirements sufficiently protect against misuse of embedded information.
Same As
Provides that any writing or record made as a memorandum or record of any act, transaction, occurrence or event, may be received in grand jury proceedings as evidence of proof that such act, transaction, occurrence or event, if it was made in the regular course of any business.
Provides that any writing or record made as a memorandum or record of any act, transaction, occurrence or event, may be received in grand jury proceedings as evidence of proof that such act, transaction, occurrence or event, if it was made in the regular course of any business.
Provides that any writing or record made as a memorandum or record of any act, transaction, occurrence or event, may be received in grand jury proceedings as evidence of proof that such act, transaction, occurrence or event, if it was made in the regular course of any business.
Requires disciplinary hearings for incarcerated individuals to be recorded with both audio and visual components; requires such recordings to be preserved; directs the commissioner of the department of corrections and community supervision to promulgate rules and regulations for who can access such recordings and when such recordings can be accessed.
Relates to the provision of patient health information and medical records; expands the definition of medical records to include all health related records; prohibits fees for providing certain records.
Enacts the "homeowner fraud protection and property alert act"; relates to establishing a statewide electronic property recording alert system to allow property owners to receive notification when an instrument affecting their property is recorded in the official records of any county; establishes the county recording modernization fund.
Enacts the "homeowner fraud protection and property alert act"; relates to establishing a statewide electronic property recording alert system to allow property owners to receive notification when an instrument affecting their property is recorded in the official records of any county; establishes the county recording modernization fund.