Bill Text: NY S01072 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to discovery restrictions for photographs of minors depicting sexual or other intimate parts; such photographs shall be subject to in camera review and certain other restrictions.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S01072 Detail]

Download: New_York-2021-S01072-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1072

                               2021-2022 Regular Sessions

                    IN SENATE

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens.  MAYER,  BIAGGI, GAUGHRAN, KRUEGER, THOMAS -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Codes

        AN  ACT  to  amend  the criminal procedure law, in relation to discovery
          restrictions for photographs of minors depicting sexual or other inti-
          mate parts

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

     1    Section  1.  Paragraph  (h)  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    (h) All photographs and drawings made or completed by a public servant
     5  engaged in law enforcement activity, or which were made by a person whom
     6  the  prosecutor  intends  to  call  as a witness at trial or a pre-trial
     7  hearing, or which relate to the subject matter of  the  case;  provided,
     8  however,  that  any  photographs  depicting the sexual or other intimate
     9  parts of a person under the age of eighteen at the time  the  photograph
    10  was  taken  shall  first  be  subject  to  in  camera  review  and other
    11  restrictions provided by subdivision eight of  section  245.70  of  this
    12  article.
    13    § 2. Section 245.70 of the criminal procedure law is amended by adding
    14  a new subdivision 8 to read as follows:
    15    8.  Photographs  depicting  the  sexual  or  other intimate parts of a
    16  minor. Any photograph depicting the sexual or other intimate parts of  a
    17  person  under  the age of eighteen at the time the photograph was taken,
    18  and which is otherwise subject to disclosure pursuant to  paragraph  (h)
    19  of  subdivision  one of section 245.20 of this article, shall be subject
    20  to in camera review prior to disclosure to determine the manner in which
    21  such photograph shall be disclosed, without need for a motion by  either
    22  party. In determining the manner of disclosure, the court shall consider
    23  the  body  parts  depicted  in  the  photograph,  the  age  of the minor

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02662-02-1
        S. 1072                             2

     1  depicted, the nature of the photograph, the relevance and materiality of
     2  the photograph to the pending case, the impact disclosure  may  have  on
     3  the  minor  depicted,  the  nature  of  the crime or crimes charged, the
     4  relationship  between  the  minor  depicted  and  the  defendant and any
     5  alleged relationship between the minor depicted and the defendant,  and,
     6  when  known, the wishes of the minor depicted. There shall be a rebutta-
     7  ble presumption that such photograph shall  be  disclosed  only  to  the
     8  counsel and relevant experts for the defendant.
     9    §  3.  This  act shall take effect on the ninetieth day after it shall
    10  have become a law.