Bill Text: NY S03272 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Requires affirmative consent for the disclosure of contact information of witnesses to a defendant; provides that denial of such consent shall only be for good cause as determined by the court.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S03272 Detail]

Download: New_York-2023-S03272-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3272

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by  Sens. GRIFFO, TEDISCO -- 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  requiring
          affirmative  consent  for  the  disclosure  of  contact information of
          witnesses to a defendant

          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  56 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  whom  the  prosecutor  knows  to  have
     6  evidence or information relevant to any offense charged or to any poten-
     7  tial defense thereto who have given affirmative consent for such disclo-
     8  sure  of his or her contact information or have been denied a protective
     9  order pursuant to section 245.70 of this  article,  including  a  desig-
    10  nation  by  the prosecutor as to which of those persons may be called as
    11  witnesses.  Affirmative consent to disclose contact information shall be
    12  requested by law enforcement personnel conducting the initial  interview
    13  of  persons  who  have  evidence  or information relevant to any offense
    14  charged or to any potential defense  thereto.  A  person  who  does  not
    15  provide  affirmative consent for disclosure of his or her contact infor-
    16  mation shall provide good cause for such  denial,  and  the  prosecution
    17  shall make a motion for a protective order pursuant to section 245.70 of
    18  this  article  on  the  behalf of such person. Nothing in this paragraph
    19  shall require the disclosure of physical addresses;  provided,  however,
    20  upon  a  motion and good cause shown the court may direct the disclosure
    21  of a physical address. Information under this  subdivision  relating  to
    22  the  identity  of  a  911  caller,  the  victim or witness of an offense
    23  defined under article one hundred thirty or section 230.34  or  230.34-a
    24  of  the  penal  law,  any  other  victim or witness of a crime where the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04484-01-3
        S. 3272                             2

     1  defendant has substantiated affiliation with a  criminal  enterprise  as
     2  defined  in  subdivision  three of section 460.10 of the penal law, or a
     3  confidential informant may be  withheld,  and  redacted  from  discovery
     4  materials,  without need for a motion pursuant to section 245.70 of this
     5  article; but the prosecution shall notify the defendant in writing  that
     6  such  information  has not been disclosed, unless the court rules other-
     7  wise for good cause shown.
     8    § 2. This act shall take effect immediately.