State Discovery Laws Go Into Effect

By Justin Rodriguez

New amendments to the state’s discovery laws took effect last week which could reduce the number of criminal charges dismissed in the state of New York and add new protections for witness testifying against accused criminals.

The laws are aimed at enhancing the state’s justice system by supporting crime survivors and ensuring fair trials. These changes, part of the 2026 budget, are designed to address changes from the 2019 bail reforms.

“While we welcome these changes, the fact remains they come after years of avoidable setbacks for prosecutors, law enforcement, and victims alike,” said Assemblyman Karl Brabenec (R, Deerpark). “During budget negotiations earlier this year, our Assembly Republican Conference pointed out that while some changes were finally made to make prosecutors’ and law enforcement’s jobs easier statewide, the resulting amendments should have been stronger and implemented years earlier.”

“I’m glad to see the governor finally getting on board with what the Republican conference has been saying all along,” added Assemblyman Matt Slater (R, Yorktown).

The amendments were developed to prevent cases from being dismissed over minor errors, narrow the scope of required disclosures, and protect sensitive witness information. They also seek to prevent manipulation of the speedy trial clock and ensure that prosecutors can move cases forward after demonstrating due diligence.

According to Hochul, adjustments to Discovery Laws maintains due process for defendants while replacing a system that allowed for automatic dismissals based on technical errors and had adverse effects on survivors of domestic violence and other serious crimes.

“I am curious to see whether these improvements work for New York State,” Brabenec said. “While these changes are a good step, further changes are needed. It is high time we put crime victims ahead of their perpetrators and restore common sense to our state’s justice system.”