ROCHESTER, NY (WHEC) — Proposed changes to New York’s Discovery Law could help domestic abuse survivors by ensuring alleged abusers face justice.
The law, originally intended to balance court cases by providing equal evidence access to prosecution and defense, has led to more dismissals of domestic abuse cases on technicalities.
Gov. Kathy Hochul said, “The standard is now, ‘so long’ for a case to be thrown out literally on technicalities.”
Since 2019’s criminal justice reforms, domestic violence case dismissals have increased by 94% in New York City and 49% across the rest of the state, Hochul said.
Bob Babcock, a criminal defense attorney from Tully Rinckey Law explained that the Discovery Law requires prosecutors to turn over all evidence and file a certificate of compliance (COC). Some dismissals occur when prosecutors discover additional evidence after filing the COC.
“The COC is the problem,” Babcock said.
Hochul’s changes include redacting sensitive details like witness addresses and ensuring cases aren’t dismissed for imperfect compliance. The budget also adds support for victims.
Tina Schreib, a domestic violence survivor who lost her arm last year to an abusive partner with a machete, supported the changes included in Gov. Kathy Hochul’s 2026 budget.
Support for victims “could save a life,” Schreib said. “Definitely, absolutely needed because, they’re [abusers are] let out and these women are in danger, terrified, and nobody’s doing anything about it. And innocent women get, injured or killed.”
Schreib also plans to organize a group therapy session for fellow domestic abuse survivors.
