Bill Text: NY S01018 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that evidence of a homicide where the defendant has substantiated affiliation with a criminal enterprise may be withheld from discovery.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S01018 Detail]

Download: New_York-2023-S01018-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1018

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 9, 2023
                                       ___________

        Introduced  by  Sen.  COONEY -- 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 the timing of
          certain discovery

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

     1    Section  1. Clause (A) of subparagraph (iv) of paragraph (a) of subdi-
     2  vision 1 of section 245.10 of the criminal procedure law, as amended  by
     3  section  1  of part HHH of chapter 56 of the laws of 2020, is amended to
     4  read as follows:
     5    (A) Portions of materials claimed to be non-discoverable may be  with-
     6  held  pending  a  determination  and  ruling  of the court under section
     7  245.70 of this article; but the defendant shall be notified  in  writing
     8  that  information  has not been disclosed under a particular subdivision
     9  of such section, and the discoverable portions of such  materials  shall
    10  be  disclosed  to  the  extent  practicable.  Information  related to or
    11  evidencing the identity of a 911 caller, the victim or  witness  of  any
    12  felony defined under article one hundred twenty-five of the penal law or
    13  an  offense  defined under article one hundred thirty or sections 230.34
    14  and 230.34-a of the penal law, or any other victim or witness of a crime
    15  where the defendant has substantiated affiliation with a criminal enter-
    16  prise as defined in subdivision three of section 460.10 of the penal law
    17  may be withheld, provided, however, the defendant may move the court for
    18  disclosure.
    19    § 2. Paragraph (c) of subdivision 1 of section 245.20 of the  criminal
    20  procedure  law, as amended by section 2 of part HHH of chapter 56 of the
    21  laws of 2020, is amended to read as follows:
    22    (c) The names and adequate contact information for all  persons  other
    23  than  law  enforcement  personnel  whom  the  prosecutor  knows  to have
    24  evidence or information relevant to any offense charged or to any poten-
    25  tial defense thereto, including a designation by the  prosecutor  as  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02645-01-3
        S. 1018                             2

     1  which of those persons may be called as witnesses. Nothing in this para-
     2  graph  shall  require  the  disclosure  of physical addresses; provided,
     3  however, upon a motion and good cause shown the  court  may  direct  the
     4  disclosure  of  a  physical  address. Information under this subdivision
     5  relating to the identity of a 911 caller, the victim or witness  of  any
     6  felony defined under article one hundred twenty-five of the penal law or
     7  an offense defined under article one hundred thirty or section 230.34 or
     8  230.34-a  of the penal law, any other victim or witness of a crime where
     9  the defendant has substantiated affiliation with a  criminal  enterprise
    10  as defined in subdivision three of section 460.10 of the penal law, or a
    11  confidential  informant  may  be  withheld,  and redacted from discovery
    12  materials, without need for a motion pursuant to section 245.70 of  this
    13  article;  but the prosecution shall notify the defendant in writing that
    14  such information has not been disclosed, unless the court  rules  other-
    15  wise for good cause shown.
    16    §  3.  This  act shall take effect on the thirtieth day after it shall
    17  have become a law.