Bill Text: NY A03269 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to protecting witnesses in criminal prosecutions from intimidation and threats by permitting the court to withhold disclosure of names and other information if the court finds on the record that such witness is subject to potential intimidation, violence or threats.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Introduced) 2024-01-03 - referred to codes [A03269 Detail]

Download: New_York-2023-A03269-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3269

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by  M.  of  A.  RA, BRABENEC, DURSO, SAYEGH -- read once and
          referred to the Committee on Codes

        AN ACT to amend the criminal procedure law, in  relation  to  protecting
          vulnerable witness and victim's contact information

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (c) of subdivision 1 of  section  245.20  of  the
     2  criminal  procedure  law, as amended by section 2 of part HHH of chapter
     3  56 of the laws of 2020, is amended to read as follows:
     4    (c) The names and adequate contact information for all  persons  other
     5  than  law  enforcement  personnel  whom  the  prosecutor  knows  to have
     6  evidence or information relevant to any offense charged or to any poten-
     7  tial defense thereto, including a designation by the  prosecutor  as  to
     8  which  of  those  persons may be called as witnesses; provided, however,
     9  nothing in this paragraph shall require the disclosure of the names  and
    10  adequate  contact  information  for  persons that the court finds on the
    11  record are  subject  to  potential  witness  intimidation,  violence  or
    12  threats. Nothing in this paragraph shall require the disclosure of phys-
    13  ical  addresses;  provided,  however, upon a motion and good cause shown
    14  the court may direct the disclosure of a physical  address.  Information
    15  under  this  subdivision  relating  to the identity of a 911 caller, the
    16  victim or witness of an offense defined under article one hundred thirty
    17  or section 230.34 or 230.34-a of the penal  law,  any  other  victim  or
    18  witness  of  a  crime  where the defendant has substantiated affiliation
    19  with a criminal enterprise as defined in subdivision  three  of  section
    20  460.10  of  the  penal law, or a confidential informant may be withheld,
    21  and redacted from discovery materials, without need for a motion  pursu-
    22  ant  to section 245.70 of this article; but the prosecution shall notify
    23  the defendant in writing that such information has not  been  disclosed,
    24  unless the court rules otherwise for good cause shown.
    25    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07309-01-3