Strengthening Public Safety: Governor Hochul Announces Discovery Law Improvements to Take Effect This Week

Passed as Part of the FY26 Enacted Budget, Amendments to New York’s Discovery Laws Will Support Survivors, Hold Perpetrators Accountable and Safeguard Right to a Fair and Speedy Trial

$135 Million Will Enable Prosecutors and Defenders To Ensure Compliance with Discovery

Changes to Discovery Help To Rebalance the Scales of Justice in New York and Build Upon Governor Hochul’s Record Investments in Proven Crime Prevention Initiatives

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.

 As part of the Governor’s record investments in proven crime prevention initiatives, $135 million was allocated in the FY26 Enacted Budget for both prosecutors and defenders across the State to help ensure compliance with discovery.

In her FY26 Enacted Budget, Governor Hochul strengthened the State’s public safety initiatives, investing $347 million in gun violence prevention programs, increasing law enforcement presence in the New York City subways, combatting the rise in hate crimes and continuing efforts to address sexual assault, domestic violence, gender-based violence and sex trafficking.