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Senate chair's ruling upheld after appeal over discovery amendment tied to criminal justice reforms
Summary
A senator's effort to deem an amendment to a bill germane — one that would have repealed discovery reforms enacted in 2019 — failed after the presiding officer's ruling that the amendment was not germane was sustained by the chamber.
The New York State Senate sustained the presiding officer's ruling that an amendment related to discovery rules was not germane to the bill at hand, ending an attempt by a senator to force a vote on changes to criminal discovery law enacted in 2019.
Senator Casanari Fitzpatrick argued the amendment was germane because both the amendment and the bill dealt with court procedure and evidence. Fitzpatrick said the 2019 discovery reforms had, in her view, "disastrous implications" for prosecutions and cited claimed declines in conviction rates for certain offenses since 2019.
"Discovery Prior to discovery reform was passed in 2019, conviction rates for domestic violence cases was approximately 31 percent. And today, it's down to 6 percent," Fitzpatrick said on the floor, adding that she had heard concerns from law‑enforcement officials and district attorneys.
The presiding officer ruled the amendment non‑germane. An appeal of that ruling drew a recorded show‑of‑hands and the clerk announced "Aye, 22." The chair's ruling stood, and the bill in chief proceeded on the calendar.
The exchange on the floor framed a broader, ongoing debate in the legislature about the scope and consequences of criminal justice reforms enacted in recent years. Those policy questions remain unresolved on the floor because the amendment did not move forward.
Following the ruling and the unsuccessful appeal, the Senate continued with its calendar work and later adjourned.
