Governor Kathy Hochul today highlighted essential changes to New York's Discovery Laws, set to take effect on Thursday, August 7, at a press conference with New York District Attorneys, victim advocates and local law enforcement. Passed as part of the FY26 Enacted Budget agreement, amendments to the discovery process will support survivors of domestic violence and other serious crimes, hold perpetrators accountable and safeguard the right to a fair and speedy trial in New York State.

“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.”

Common-sense adjustments to Discovery maintain due process for defendants while replacing a system that allowed for automatic dismissals based on technical errors and had adverse effects on survivors of domestic violence and other serious crimes. With bipartisan support from District Attorneys, domestic violence victim advocates, religious leaders and business groups, these Discovery changes 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 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.”

Albany County District Attorney Lee C. Kindlon said, “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.”

Albany County Sheriff Craig Apple said, “When entire cases are dismissed over minor procedural errors—not because evidence is lacking—we deny survivors of domestic and sexual violence the justice and protection they deserve. These amendments preserve the transparency of the 2019 reform while closing loopholes that have allowed abusers to escape accountability. By restoring discretion to judges and eliminating ‘gotcha’ dismissals, we strengthen survivors’ trust in the legal system and ensure real consequences for offenders.”



Governor Hochul Announces Discovery Law Improvements to Take Effect This Week