Governor Hochul and State Officials Release New Reports Highlighting Urgent Need for Changes to Discovery Laws to Protect Crime Victims
The three reports released today include the Domestic Violence Regional Councils (DVRC), Survivor Listening Sessions (SLS), and the Domestic Violence Fatality Reviews (DVFR). The reports identify a common theme: Gender-based violence survivors in New York State need more support while navigating the criminal justice system. In fact, the Fatality Reviews report shows that some abusive partners have weaponized the court system — a problem exacerbated by automatic case dismissals based on insignificant technicalities.
Governor Hochul proposed essential changes to New York State’s Discovery Law to ensure procedural fairness, shorten case processing times, reduce the length of pretrial incarceration and safeguard sensitive and personal information belonging to witnesses. These changes are designed to protect the rights of victims and help ensure that those who cause harm are held accountable.
Since New York State’s 2019 discovery reforms were passed, dismissals in cases involving domestic violence rose 26 percent in New York City. In 2023, about 94 percent of cases were dismissed in New York City and nearly 50 percent were dismissed outside of New York City. In many cases, automatic dismissal of cases has put survivors of domestic violence and other crimes at greater risk.
Without changing any of these essential features of the 2019 reforms, the Governor’s proposal to streamline discovery laws will prevent cases from being dismissed based on issues that do not cause any harm to the defense — a situation that is particularly high-stakes for survivors of domestic violence, as detailed in the OPDV reports released today.
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