Bill Text: NY A09107 | 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: Moderate Partisan Bill (Republican 24-3)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in codes [A09107 Detail]

Download: New_York-2019-A09107-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9107

                   IN ASSEMBLY

                                    January 21, 2020
                                       ___________

        Introduced  by  M.  of  A.  STEC, WALSH -- read once and referred 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
    27  annoyance  or  embarrassment to any person, and the nature, severity and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14752-01-0
        A. 9107                             2

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