According to one local legislator, state lawmakers are expected to pass another budget extender on Tuesday, as changes to discovery laws remain the major sticking point.

Assemblyman John McDonald, D—Cohoes, said there is recognition that the discovery laws will be changed, but exactly to what extent is uncertain.

Gov. Kathy Hochul has pushed for changes to the laws, which were initially enacted in 2019, because of prosecutors’ concerns that cases were being dismissed over technicalities. The law requires the prosecution to hand over all relevant materials to the defense in a timely fashion.

“This pendulum has absolutely shifted from one extreme to the other,” Gov. Hochul said. “And it’s hard for them to comply with an overly broad standard where if they miss some random detail that has no impact on the defense, where they submit it a day late… Boom! Do you know what happens? Another abuser walks out the door.”

However, some district attorneys have expressed concern about complying with the deadlines. According to McDonald, those arguments are leading to some tweaks to the legislation but not wholesale changes.

“It recognizes the challenges that prosecutors and law enforcement are dealing with to meet the demand, but recognizes there’s no interest in rolling back the reforms,” he said.

One of the main issues is when additional evidence or information comes forward after prosecutors have declared that they are ready for trial. The prosecution must demonstrate that they weren’t deliberately holding this information back. According to McDonald, that is up to a judge to decide.

There is also a difference between upstate and downstate on this issue. McDonald said Capital Region judges tend to be a little more middle of the road in dealing with these issues. New York City judges are a little more liberal, according to McDonald, and have been dismissing a lot of these cases on technical issues.

McDonald said Assembly Speaker Carl Heastie has spent several hours talking with both prosecutors and defenders to understand all sides’ viewpoints.

Hochul on Monday held a news conference to push for changes to discovery laws, highlighting their effect on the prosecution of domestic violence cases.

“No punishment, no order of protection, emboldened, and sometimes just hell-bent on revenge. These are the women and their families that we’re fighting for,” Gov. Hochul said. “And this is the reason I am standing firm and why I’ll refuse any state budget deal that does not fix these fatal flaws in these discovery reforms.”

A report by the state Office for the Prevention of Domestic Violence found that in 2023, 94% of domestic violence cases were dismissed in New York City, which is a 26% increase. Outside New York City, 48% of cases were dismissed.  

“These new reports make it even clearer: we need commonsense changes to New York’s discovery laws to protect the rights of crime victims, hold attackers accountable and make our state safer,” Hochul said in a statement. “Throwing out entire criminal cases over minor paperwork issues prevents justice from being served — and when abusers can weaponize the court system, the consequences can be tragic. That’s why I’ll refuse any state budget deal that doesn’t fix this fatal flaw in our laws.”

McDonald said the other issue, to a lesser extent, has been an expansion of involuntary confinement to hold people who present a danger to themselves or others.  

Regarding the financial portion of the budget, McDonald said the governor, Assembly, and Senate leaders have a framework for a spending plan. However, that is being held up until these policy issues are resolved.

McDonald said school aid is looking good, and the $400 million Hochul proposed to revitalize the city of Albany is also included.

McDonald said likely the Legislature will pass another extender on Thursday and then come back on the following Tuesday to try to wrap things up.