ALBANY- New York State has enacted changes to its criminal discovery laws designed to help survivors of domestic violence and other serious crimes navigate the court process more fairly, lawmakers and advocates say.
Included in the 2026 state budget, the revisions take effect this year as part of a broader effort to balance the rights of defendants with the needs of victims seeking justice. The changes come after years of debate over how the state’s discovery process, the system by which prosecutors share evidence with defense attorneys, affects case outcomes. This process was significantly changed in with the passage of the state’s controversial bail reform and discovery law changes in 2020.
In criminal cases, discovery is the process by which prosecutors and defense attorneys share information about a case before it goes to trial. Discovery is how both sides make sure there are no surprises in court. New York significantly expanded discovery requirements in 2020, requiring prosecutors to share evidence early and automatically, rather than only when requested. While intended to increase transparency, Republicans and prosecutors from both political parties said the rules sometimes led to cases being dismissed over technical errors, even when the underlying evidence was strong.
Under the updated rules, courts will now consider the prosecutor’s overall efforts to comply with discovery obligations rather than dismiss entire cases due to minor omissions or technical errors. The reforms narrow what information must be disclosed and allow prosecutors to proceed after exercising “good faith and due diligence” in gathering evidence, even if some materials are still pending.
The changes also tighten procedures for challenging discovery compliance, encouraging defense attorneys to raise concerns earlier in the process and work with prosecutors to resolve issues without derailing cases. Additional safeguards aim to protect sensitive witness information, such as personal contact details, to reduce safety and privacy risks for survivors. This change addresses, in part, concerns raised by Republican lawmakers and law enforcement from the bail reform and discovery law changes.
Supporters of the reform including Governor Kathy Hochul, district attorneys, victim advocates, and community groups say the changes will reduce the high number of cases dismissed on procedural grounds in recent years, particularly in domestic violence cases. They argue that the 2019 bail reform and discovery law changes inadvertently incentivized defense challenges that delayed proceedings or led to dismissals unrelated to the facts of a case.
Proponents also highlight a $135 million investment included in the state budget to help both prosecutors and defense attorneys meet discovery obligations, including personnel and technology improvements.
“This is a win for all New Yorkers who believe crime victims deserve a meaningful chance at securing justice,” said Democratic Westchester County District Attorney Susan Cacace, noting that the revisions preserve defendants’ rights while addressing unintended consequences of prior rules.