Bill Text: NY S07280 | 2019-2020 | 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 17-0)

Status: (Introduced - Dead) 2020-01-15 - REFERRED TO CODES [S07280 Detail]

Download: New_York-2019-S07280-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7280

                    IN SENATE

                                    January 15, 2020
                                       ___________

        Introduced  by Sens. TEDISCO, BORRELLO, GALLIVAN, GRIFFO, SEWARD -- 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 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,  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 a confidential informant may
    16  be withheld, and redacted from discovery materials, without need  for  a
    17  motion  pursuant  to section 245.70 of this article; but the prosecution
    18  shall notify the defendant in writing that such information has not been
    19  disclosed, unless the court rules otherwise for good cause shown.
    20    § 2. Subdivision 4 of section 245.70 of the criminal procedure law, as
    21  added by section 2 of part LLL of chapter 59 of the  laws  of  2019,  is
    22  amended to read as follows:
    23    4. Showing of good cause. In determining good cause under this section
    24  the  court may consider: constitutional rights or limitations; danger to
    25  the integrity of physical evidence or the safety of a witness;  risk  of
    26  intimidation,  economic  reprisal,  bribery,  harassment  or unjustified

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14752-01-0
        S. 7280                             2

     1  annoyance or embarrassment to any person, and the nature,  severity  and
     2  likelihood of that risk; a risk of an adverse effect upon the legitimate
     3  needs  of  law  enforcement, ambulance services or advanced life support
     4  first response services, certified first responders, firefighters, emer-
     5  gency medical technicians or advanced emergency medical technicians, who
     6  are  employed  by or enrolled members of any such service, including the
     7  protection of the confidentiality of informants, and the nature, severi-
     8  ty and likelihood of that risk; the  nature  and  circumstances  of  the
     9  factual  allegations in the case; whether the defendant has a history of
    10  witness intimidation or tampering and the nature of  that  history;  the
    11  nature  of  the  stated  reasons  in  support of a protective order; the
    12  nature of the witness identifying  information  that  is  sought  to  be
    13  addressed  by  a  protective  order,  including  the option of employing
    14  adequate alternative contact information; danger to any person  stemming
    15  from  factors  such  as  a  defendant's substantiated affiliation with a
    16  criminal enterprise as defined in subdivision three of section 460.10 of
    17  the penal law; and other similar factors found to outweigh  the  useful-
    18  ness of the discovery.
    19    §  3.  This  act shall take effect on the ninetieth day after it shall
    20  have become a law.