Essential changes to New York’s discovery laws revealed as part of the FY 2026 state budget
ALBANY, NY- $135 million has been set aside in New York’s FY 2026 state budget to address what the Governor calls “essential changes” to the state’s discovery law process.
“I am committed to continue doing everything in my power to keep New Yorkers safe, and today we take a step towards rebalancing the scales of Justice and standing up for victims,” Governor Hochul declared in a released statement.
According to state officials, the goal of reforming New York’s discovery law is to help prevent cases from being thrown out over technical errors and eliminate dismissals and disruptions that have adversely affected survivors of domestic violence and other serious crimes.
Keep in mind, New York enacted a major discovery law overhaul a few years ago, one that was heavily criticized by attorneys and other like figures.
Despite that, the Governor’s office declares that New York’s Discovery Laws remain the strongest for defendants in the country; maintaining due process for defendants while making common-sense adjustments to make the system work for victims and public safety.
“Over the last few months, I have been laser focused on passing a State Budget that prioritizes the safety and well-being of all New Yorkers. By making essential changes to our discovery laws, we’re doing exactly that: standing up for victims, protecting the rights of survivors and revoking get out of jail free cards because of minor technicalities,” Governor Hochul added.
The essential changes to New York’s Discovery Laws included in the FY26 State Budget agreement 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.
Albany Capitol image.
