Governor Kathy Hochul today announced essential changes to New York’s Discovery Laws alongside New York District Attorneys, domestic violence survivors and advocates. Part of the FY26 State Budget agreement, these discovery reforms build upon Governor Hochul’s record investments in proven crime prevention initiatives, while holding perpetrators accountable and safeguarding the right to a fair and speedy trial in New York State. The Governor also allocated $135 million in the State Budget for both prosecutors and defenders across the State to help ensure compliance with discovery.
“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 said. “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.”
With bipartisan support from District Attorneys, domestic violence victim advocates, religious leaders and business groups, the reforms to streamline New York’s Discovery Laws will 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.
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; and
– Streamline protections for sensitive witness information, both to protect witnesses and to facilitate a culture of witnesses feeling empowered to come forward.
New York’s Discovery Laws remain the strongest for defendants in the country, achieving the Governor’s joint goals of maintaining due process for defendants while making common-sense adjustments to make the system work for victims and public safety.
This holistic approach will replace the previous system that allowed for automatic dismissals based on any small discovery error, and will allow victims in New York to seek justice based on the merits of their case while ensuring a public safety system with true accountability.
