Criminal Justice

Updates the membership, powers, duties and procedures of the commission on forensic science; establishes the scientific advisory committee, the social justice, ethics, and equity assessment committee and the forensic analyst license advisory committee; makes conforming changes.

Relates to establishing an automatic expunction system for certain records including unconstitutional stops that occurred between January two thousand four and June two thousand twelve by the New York city police department that either resulted in the completion of a UF-250 form or a Form 61 complaint in which the SQF section was completed and led to arrests for either resisting arrest, disorderly conduct, criminal possession of a weapon, and offenses involving marihuana.

This bill allows certain statements made by victims of fraud, abuse, or theft to be used as evidence in court if the victim was determined to be incapacitated under mental health law. It specifically permits spontaneous statements made by the victim to a non-defendant adult (18+) about the crime, provided the prosecution gives pre-trial notice, the court finds the statement reliable based on its timing and context, and the victim testifies or is available to testify. The law directly affects victims who are incapacitated and their cases under specific New York Penal Law sections (155, 170, 190). It changes evidence rules to make these statements admissible as an exception to hearsay, without altering the legal standard for conviction.

Requires instruction in senior high schools regarding calling 911 when witnessing or experiencing a drug or alcohol overdose; provides that pupils shall receive instruction regarding the lawfulness of calling 911 when witnessing or experiencing a drug or alcohol overdose; encourages pupils to call 911 when witnessing or experiencing a drug or alcohol overdose without fear of arrest.

This bill establishes new rules for state and local agencies regarding immigration-related matters. It prohibits government agencies from asking about a person's immigration status when providing public benefits or services, and bans law enforcement from stopping or detaining people based on immigration status or federal immigration detainers. The law requires confidentiality for any immigration information collected and mandates free interpreter services for non-English speakers during related inquiries. These provisions directly affect immigrants seeking public assistance, law enforcement agencies, and government offices handling benefits or services.

This bill clarifies when courts can issue protective orders to shield jurors' personal information in criminal cases. It allows courts to restrict disclosure of juror names and addresses to anyone except attorneys, if they find good cause to believe a safety threat exists. Courts must consider specific factors like whether the defendant previously harassed jurors, the severity of charges (e.g., large criminal enterprises), or extensive pretrial media coverage. The law directly affects jurors in high-risk criminal trials by prioritizing their safety through concrete, limited disclosure restrictions.

Creates the New York state commission on sex offender supervision and management; provides that such commission shall consist of thirteen members; requires the commission to make a report of its findings.

Enacts into law components of legislation necessary to implement an omnibus bill related to correctional services in the state of New York; requires the timely disclosure of video footage related to the death of incarcerated individuals to the attorney general's office of special investigations (Part A); requires institutions and local correctional facilities to adhere to certain standards regarding the camera coverage of incarcerated individuals and detainees, and access to such camera recordings (Part B); provides notice of the death of an incarcerated individual occurring in the custody of the department of corrections and community supervision; requires the department to promptly notify the next of kin and any other person designated as the representative of any incarcerated individual whose death takes place during custody (Part C); directs the state commission of correction to conduct a comprehensive study on deaths in correctional facilities within New York state to provide data-driven insights and recommendations to improve prison conditions, healthcare, and policies to prevent future tragedies (Part D); establishes the Terry Cooper autopsy accountability act requiring autopsy reports to include all photographs of the body, microscopic slides, and post-mortem x-rays taken by, at the direction of, or reviewed by the person performing the autopsy (Part E); relates to conflicts within the office of special investigation; provides that if the office of the attorney general has a conflict representing state employees in civil litigation, the attorney general may designate a deputy attorney general or assistant attorney general to act in their place; requires the attorney general to establish procedures to screen off certain records (part F); requires the commissioner of corrections and community supervision to collect and report on data from the office of special investigations regarding complaints received by such office in the previous quarter (Part G); increases the number of members on the state commission of correction; provides for the manner of confirmation of such members (Part H); relates to correctional facility visits by the correctional association; authorizes the correctional association to visit correctional facilities at any time with 24 hours advance notice; grants the correctional association access to certain records and information of correctional facilities (Part I); relates to the tolling of statute of limitations for individuals in state custody; provides that with respect to state action brought by anyone to recover damages for physical, psychological, or other injury or condition suffered while in state custody, the time in which such action must commence shall be extended to three years after such person is released from such custody (Part J).

Designates services to be provided by a jail-based substance use disorder treatment, peer led recovery support services, and transition services program as essential medical care services.

This bill amends New York's penal law to designate attacks against law enforcement officers, firefighters, and emergency medical services personnel as hate crimes when the offense is motivated by the victim's employment in these roles. It expands the definition of hate crimes to include intentional targeting based on a belief or perception of the victim's job, regardless of whether that belief is correct. The law specifies that proof of the victim's employment alone isn't sufficient evidence - it must be shown the perpetrator targeted them because of their job. This change applies to existing offenses like assault or harassment committed with this specific motive, potentially increasing penalties for such acts. The bill directly affects individuals who commit violent acts against these public safety workers with hate crime intent.