Bill Text: NY S01522 | 2021-2022 | General Assembly | Introduced

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Bill Title: Ensures privacy protections for all emergency personnel present at a crime scene including ambulance services or advanced life support first response services, certified first responders, firefighters, emergency medical technicians or advanced emergency medical technicians, who are employed by or enrolled members of any such service.

Spectrum: Partisan Bill (Republican 14-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S01522 Detail]

Download: New_York-2021-S01522-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1522

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 12, 2021
                                       ___________

        Introduced  by Sens. TEDISCO, AKSHAR, BORRELLO, BOYLE, GALLIVAN, GRIFFO,
          HELMING, JORDAN, O'MARA, ORTT, RITCHIE, SERINO, STEC -- 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 ensuring
          privacy protections for all emergency personnel  present  at  a  crime
          scene

          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  59 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,  ambulance  services or advanced life
     6  support first response services, certified first responders,  firefight-
     7  ers, emergency medical technicians or advanced emergency medical techni-
     8  cians, who are employed by or enrolled members of any such service, whom
     9  the prosecutor knows to have evidence or  information  relevant  to  any
    10  offense  charged or to any potential defense thereto, including a desig-
    11  nation by the prosecutor as to which of those persons may be  called  as
    12  witnesses.  Nothing  in  this  paragraph shall require the disclosure of
    13  physical addresses; provided, however, upon  a  motion  and  good  cause
    14  shown  the court may direct the disclosure of a physical address. Infor-
    15  mation under this subdivision relating to the identity of a 911  caller,
    16  the  victim  or  witness of an offense defined under article one hundred
    17  thirty or section 230.34 or 230.34-a of the penal law, any other  victim
    18  or  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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04315-01-1
        S. 1522                             2

     1  the defendant in writing that such information has not  been  disclosed,
     2  unless the court rules otherwise for good cause shown.
     3    § 2. Subdivision 4 of section 245.70 of the criminal procedure law, as
     4  added  by  section  2  of part LLL of chapter 59 of the laws of 2019, is
     5  amended to read as follows:
     6    4. Showing of good cause. In determining good cause under this section
     7  the court may consider: constitutional rights or limitations; danger  to
     8  the  integrity  of physical evidence or the safety of a witness; risk of
     9  intimidation, economic  reprisal,  bribery,  harassment  or  unjustified
    10  annoyance  or  embarrassment to any person, and the nature, severity and
    11  likelihood of that risk; a risk of an adverse effect upon the legitimate
    12  needs of law enforcement, ambulance services or  advanced  life  support
    13  first response services, certified first responders, firefighters, emer-
    14  gency medical technicians or advanced emergency medical technicians, who
    15  are  employed  by or enrolled members of any such service, including the
    16  protection of the confidentiality of informants, and the nature, severi-
    17  ty and likelihood of that risk; the  nature  and  circumstances  of  the
    18  factual  allegations in the case; whether the defendant has a history of
    19  witness intimidation or tampering and the nature of  that  history;  the
    20  nature  of  the  stated  reasons  in  support of a protective order; the
    21  nature of the witness identifying  information  that  is  sought  to  be
    22  addressed  by  a  protective  order,  including  the option of employing
    23  adequate alternative contact information; danger to any person  stemming
    24  from  factors  such  as  a  defendant's substantiated affiliation with a
    25  criminal enterprise as defined in subdivision three of section 460.10 of
    26  the penal law; and other similar factors found to outweigh  the  useful-
    27  ness of the discovery.
    28    §  3.  This  act shall take effect on the ninetieth day after it shall
    29  have become a law.