Governor Hochul, New York City Business Leaders and District Attorneys Push for Stronger Discovery Laws to Combat Organized Retail Theft

Larceny Case Dismissals Doubled in New York City From 2019-24 Following the Passage of Discovery Reforms

Governor’s Proposal To Streamline Discovery Process Will End Procedural Delays and Prevent Automatic Dismissals of Retail Theft Cases

Proposal Builds on Governor Hochul’s Five-Point Plan To Fight Organized Retail Theft

Governor Kathy Hochul stood with business leaders and District Attorneys to call for essential changes to New York's discovery laws that would amend reforms passed in 2019 and serve as another tool to combat retail theft. The Governor’s latest push builds on her efforts to establish new protections against organized retail theft that were signed into law with the FY25 Enacted Budget as part of her five-point plan to combat these crimes.

“Retail theft threatens public safety and drives costs up for all New Yorkers,” Governor Hochul said. “I have been clear since day one: I won’t stop fighting to pass a State Budget that prioritizes affordability and key public safety measures. We cannot allow loopholes in our discovery laws to harm the progress we have made in combatting organized retail theft and I remain committed to advancing key changes to discovery laws to hold perpetrators accountable.”

In 2024, Governor Hochul signed into law a key component of her five-point plan to fight organized retail theft. These protections included more than $40 million for dedicated retail theft teams within State Police, District Attorneys’ offices and local law enforcement dedicated to fighting organized retail theft. The plan also provides a $5 million tax credit to help small businesses invest in added security measures, such as cameras, and increases criminal penalties for anyone who assaults a retail worker by elevating it from a misdemeanor to felony.

Without changes to New York State’s discovery laws, efforts to stymie organized theft and drive down crime across the state will fall short of their intended goals. In New York City, the number of larceny dismissals doubled from 3,385 in 2019 to 7,168 in 2024. In 2024, 25 percent of all larceny arrests in New York City were dismissed, up significantly from 14 percent in 2019.

As part of her FY26 Executive Budget, Governor Hochul proposed changes, which have received bipartisan support from elected officials, district attorneys, unions and victim advocate groups that would uphold the State’s discovery reforms that went into effect in 2020 while ensuring a fairer and more just legal system for New Yorkers.

Without changing any of the essential features of the 2019 reforms, Governor Hochul’s proposed changes to New York State’s Discovery Law would ensure procedural fairness, shorten case processing times, reduce the length of pretrial incarceration and safeguard sensitive and personal information belonging to witnesses. Once passed, New York will still have the most open and transparent discovery laws in the nation, requiring prosecutors to proactively gather comprehensive material and disclose it quickly to individuals charged with a crime.

Earlier this week, Governor Hochul and the New York State Office for the Prevention of Domestic Violence (OPDV) released a package of reports highlighting the importance of streamlining New York’s discovery laws to protect the rights of crime victims. Yesterday, the Governor stood with law enforcement in the Hudson Valley echoing similar calls for support from the New York State Sheriff's Association, the District Attorneys Association of the State of New York, as well as religious leaders, business groups, and domestic violence and victim advocates. A brief explainer video can be viewed here.