Bill Text: NY A09877 | 2019-2020 | General Assembly | Introduced

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: Partisan Bill (Republican 22-1)

Status: (Introduced) 2020-02-20 - referred to codes [A09877 Detail]

Download: New_York-2019-A09877-Introduced.html

                STATE OF NEW YORK


                   IN ASSEMBLY

                                    February 20, 2020

        Introduced  by M. of A. RA -- read once and referred to the Committee on

        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 added by section 2 of part LLL of chapter 59
     3  of the laws of 2019, 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 a confidential informant may be with-
    16  held,  and  redacted from discovery materials, without need for a motion
    17  pursuant to section 245.70 of this article; but  the  prosecution  shall
    18  notify  the  defendant  in  writing  that  such information has not been
    19  disclosed, unless the court rules otherwise for good cause shown.
    20    § 2. This act shall take effect immediately.

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