S 7313: Requires a court to evaluate whether the prosecution has established that the certificate of compliance or supplemental certificate of compliance was filed in good faith after exercising due diligence and making reasonable inquiries to learn of the discovery.
What S 7313 does, verified January 8, 2026
The bill aims to improve the process of challenges to or questions related to certificates of compliance in criminal cases. It requires courts to evaluate whether the prosecution has established that the certificate of compliance was filed in good faith after exercising due diligence and making reasonable inquiries to learn of the required discovery. The court must consider factors such as the prosecution's efforts, timing, and complexity of the case, as well as the prosecution's response to missing discovery. The bill also states that the prosecution's efforts will not be deemed reasonable or diligent if they have not performed their duties to evaluate and disclose evidence under the state and federal constitutions. The bill takes effect immediately.
Bill journey
1IntroducedCurrent
2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: REFERRED TO CODES (2026-01-07)Alert me
Quick answers about S 7313
- What is the current status of S 7313?
- As of January 8, 2026, S 7313 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "REFERRED TO CODES".
- Did S 7313 pass?
- Not yet. S 7313 has been introduced and has not passed either house.
- Who wrote S 7313, and where is it now?
- S 7313 was authored by Sen. Cordell Cleare with 4 coauthors. Its committee of record is Senate Codes. It is filed under CPL, alongside 144 other New York CPL bills this session.
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions2 total · showing 2
| Jan. 07, 2026 | REFERRED TO CODES |
| Apr. 09, 2025 | REFERRED TO CODES |
Latest bill textIntroduced version, April 9, 2025 · 338 words
STATE OF NEW YORK ________________________________________________________________________ 7313 2025-2026 Regular Sessions IN SENATE April 9, 2025 ___________ Introduced by Sen. CLEARE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to challenges to or questions related to certificates of compliance The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 245.50 of the criminal procedure law is amended by 2 adding a new subdivision 5 to read as follows: 3 5. In rendering a decision on a motion filed pursuant to paragraph (a) 4 of subdivision four of this section, the court must evaluate whether the 5 prosecution has established that the certificate of compliance or 6 supplemental certificate of compliance was filed in good faith after 7 exercising due diligence and making reasonable inquiries to learn of the 8 discovery required by subdivision one of section 245.20 of this article. 9 For purposes of this article, relevant factors for assessing due dili- 10 gence include, but are not limited to: the efforts made by the prose- 11 cution to comply with the requirements of this article, the timing of 12 the prosecution's efforts, the volume of discovery provided and volume 13 of outstanding discovery, the complexity of the case, how obvious any 14 missing material would likely have been to a reasonable prosecutor after 15 reviewing the case and other materials disclosed, the explanation for 16 any discovery lapse, and the prosecution's response when apprised of any 17 missing discovery. The prosecution's efforts shall not be deemed reason- 18 able or diligent if the prosecution has not performed its duties to 19 evaluate and disclose evidence under the state and federal consti- 20 tutions. 21 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11601-01-5
Text of S 7313 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions