Governor Kathy Hochul announced that changes to New York’s Discovery Laws will take effect on August 7. The amendments, included in the FY26 Enacted Budget, are designed to support survivors of domestic violence and other serious crimes, improve accountability for offenders, and protect the right to a fair and speedy trial.
“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,” Governor Hochul said. “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.”
The new measures aim to maintain due process while addressing issues with automatic case dismissals caused by technical errors. Courts will now be required to consider whether missing materials actually harm the defense before dismissing cases. The scope of evidence prosecutors must collect has been narrowed, allowing them to focus on relevant information.
Prosecutors can move cases forward after making good faith efforts to obtain evidence, even if some items are still pending. Defense attorneys must bring challenges early in proceedings and work with prosecutors to resolve issues promptly. Protections for sensitive witness information have also been streamlined.
New York State Police Superintendent Steven G. James said, “These changes give us the tools to better protect victims, hold offenders accountable, and keep cases moving without unnecessary delays. They strengthen public safety while ensuring fairness for everyone in our justice system.”
Bea Hanson, Director of the New York State Office of Victim Services, stated: “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.”
Rossana Rosado, Commissioner at the Division of Criminal Justice Services, added: “Governor Hochul recognizes the importance of a comprehensive approach to improving public safety. It takes all facets of a community and the criminal justice system working together to ensure that those who commit crimes are held accountable, the voices of victims and survivors are heard, and communities disproportionately affected by crime have opportunities, programs, and support to help make them whole.”
Mary Pat Donnelly from Rensselaer County District Attorney’s office commented: “New York State’s prosecutors are thankful for the efforts of Governor Hochul and our legislative leaders for prioritizing the thorough examination of our state’s discovery law. The commonsense amendments that are being enacted will help minimize technical dismissals and ensure that victims of crime receive the justice they deserve. These amendments will make our communities safer while also protecting the rights of those accused of crimes.”
Westchester County District Attorney Susan Cacace said: “These discovery amendments are a victory for all New Yorkers who believe in a criminal justice system that protects and supports victims, rather than marginalize them. It is a testament to what can be accomplished when smart policy meets strong advocacy. I commend Governor Hochul, our legislators and my fellow district attorneys across New York State, who came together to bring these long overdue changes across the finish line.”
Albany County District Attorney Lee C. Kindlon remarked: “I applaud Governor Hochul for having the foresight to fight for these Discovery reforms that will promote public safety and close the loophole on cases being dismissed for minor technical violations. I believe in pragmatic solutions to criminal justice issues, and these common-sense adjustments will protect crime victims while upholding defendants’ rights to swift and fair prosecution of cases.”
Columbia County District Attorney Chris Liberati-Conant expressed gratitude: “I thank Governor Hochul for her support of common sense discovery reform. I also thank our legislators and legislative leaders Andrea Stewart-Cousins and Carl Heastie for their commitment to improving our state’s discovery law. These modest reforms help ensure a fair process for everyone including defendants prosecutors and crime victims It’s a clear win for public safety in New York.”
State Senator Patricia Fahy highlighted financial backing included with these reforms: “Targeted changes to our discovery laws will strengthen accountability for perpetrators while preserving due process By providing prosecutors defenders with $135 million in support we’re reducing risk technical dismissals while ensuring survivors domestic other serious crimes have their day court rather than being sidelined procedural missteps I want thank Governor Hochul colleagues crafting balanced thoughtful approach this year this issue”
Assemblymember John T McDonald III RPh noted: “These commonsense updates New York’s discovery laws strike right balance by preserving due process while giving prosecutors tools they need protect public safety I’m proud support reforms hold offenders accountable ensure victims not left behind”
Assemblymember Gabriella A Romero added: “In this budget we reaffirmed New York’s commitment due process fundamental right fair trial At time when basic constitutional rights under threat across country we chose different path protect them The amendments we passed preserved heart spirit 2020 reforms They still require prosecutors turn over all evidence ensure police misconduct remains discoverable maintain connection between speedy trial rights real complete discovery”
Albany County Executive Daniel P McCoy called it an important step forward: “This is smart necessary update legal process one reflects values safety accountability due process matter all us I want thank Governor Hochul championing these changes recognizing more balanced more responsive justice system benefits everyone This step right direction I’m proud stand behind it”
Albany Mayor Kathy Sheehan thanked state leadership as well: “Thank you Governor Hochul again showing steadfast commitment public safety These amendments continue uphold New York’s dedication ensuring laws uphold defendants’ constitutional rights hold offenders violent crime accountable”
Albany County Sheriff Craig Apple emphasized closing loopholes: “When entire cases dismissed over minor procedural errors—not because evidence lacking—we deny survivors domestic sexual violence justice protection they deserve These amendments preserve transparency 2019 reform closing loopholes allowed abusers escape accountability By restoring discretion judges eliminating ‘gotcha’ dismissals we strengthen survivors’ trust legal system ensure real consequences offenders”
Albany Police Chief Brendan Cox praised ongoing improvements: “I appreciate dedication hard work Governor as well as her commitment public safety The Governor recognizes sometimes best-thought reforms need small adjustments keep public safe scales justice equal”
Lindsey Crusan Muse from St Peter’s Health Partners commented on protections within new law: “This announcement from Governor Hochul is huge step survivors crime those advocate them These essential reforms New York’s Discovery law significantly strengthen protections sensitive information helping ensure cases deserving prosecution can proceed safeguarding rights victims With these changes New York reaffirms its leadership promoting fairness accountability justice system prioritizes protection those affected by crime”
As part of broader investments in crime prevention initiatives across the state, $135 million was allocated through this year’s budget specifically aimed at supporting both prosecutors’ offices as well as defenders statewide so they can comply with new requirements.
Additionally,the FY26 Enacted Budget included $347 million directed toward gun violence prevention programs; expanded law enforcement presence on subways; increased efforts against hate crimes; continued action addressing sexual assault domestic violence gender-based violence sex trafficking.
