ROCHESTER, N.Y. (WHEC) — Changes to New York’s Discovery Laws are set to take effect on Thursday.
The changes include the following:
- Requiring courts to consider whether any missing material “prejudiced,” or damaged, the defense, preventing cases from being thrown out over small mistakes.
- Narrow the scope of the items that must be disclosed and cut out the need to seek certain materials that are irrelevant to the charges against the defendant, allowing prosecutors to better focus on gathering the evidence that really matters.
- Allow prosecutors to move the case forward after they have exercised good faith and due diligence to obtain discoverable material and disclosed everything they have actually obtained, even if there are items they are waiting on.
- Protect against manipulation of the speedy trial clock, requiring defense attorneys to bring challenges early in the case and confer with prosecutors to resolve issues and move cases forward quickly.
- Streamline protections for sensitive witness information, both to protect witnesses and to facilitate a culture of witnesses feeling empowered to come forward.
Lawmakers say the new amendments will support crime victims, hold perpetrators accountable, and allow for fair and speedy trials.
$135 million was allocated in the 2026 Fiscal Year Budget to help prosecutors and defenders ensure compliance with the new changes.
Back in March, News10NBC’s Tom Kowalski spoke with a domestic violence survivor who lost her arm to an abusive partner with a machete. The survivor, Tina Schreib, supports the changes.
RELATED: Domestic violence survivor speaks in support of proposed changes to state’s Discovery Law
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