Bill Text: NY S07133 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2020-03-16 - NOTICE OF COMMITTEE CONSIDERATION - REQUESTED [S07133 Detail]

Download: New_York-2019-S07133-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7133

                    IN SENATE

                                     January 8, 2020
                                       ___________

        Introduced  by  Sen.  GRIFFO -- 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 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  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  a
    22  confidential  informant  may  be  withheld,  and redacted from discovery
    23  materials, without need for a motion pursuant to section 245.70 of  this
    24  article;  but the prosecution shall notify the defendant in writing that
    25  such information has not been disclosed, unless the court  rules  other-
    26  wise for good cause shown.
    27    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14687-01-0