Discovery Law changes take effect this week

ALBANY | Essential changes to New York's Discovery Laws are set to take effect Thursday, Aug. 7. Passed as part of the FY26 Enacted Budget agreement, amendments to the discovery process will support survivors of domestic violence and other serious crimes, hold perpetrators accountable and safeguard the right to a fair and speedy trial in New York State. "The safety of New Yorkers is my number one priority and this week, reforms that will make our public safety laws stronger go into effect — changes that enable us to better support survivors and close the revolving door of our court system," said Gov. Hochul at a Wednesday morning press conference with New York District Attorneys, victim advocates and local law enforcement. "Our Discovery Laws — some of the strongest for defendants in the country — ensure that our justice system works for both victims and public safety officers, rebalancing the scales of justice in New York." Common-sense adjustments to Discovery maintain 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. With bipartisan support from District Attorneys, domestic violence victim advocates, religious leaders and business groups, these Discovery changes will: Require courts to consider the prosecutor's efforts as a whole and whether any missing material prejudiced the defense, preventing cases from being thrown out over insignificant 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 New York State Office of Victim Services Director Bea Hanson said, "We know that many crimes, especially sexual and domestic violence, go unreported. But when victims and survivors choose to report what happened to police, they deserve their case to be handled thoroughly and fairly. The rights of victims and individuals accused of crimes are not mutually exclusive. I thank Governor Hochul for her tireless efforts to ensure that our state's justice system works for all." As part of the Governor's record investments in proven crime prevention initiatives, $135 million was allocated in the FY26 Enacted Budget for both prosecutors and defenders across the State to help ensure compliance with discovery.

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Discovery Law changes take effect this week

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