Bill Text: NY S08731 | 2021-2022 | General Assembly | Introduced

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Bill Title: Protects the identity of witnesses of hate crimes in discovery proceedings by requiring identifying information to be redacted, unless the court rules otherwise for good cause shown.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-04-05 - REFERRED TO CODES [S08731 Detail]

Download: New_York-2021-S08731-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8731

                    IN SENATE

                                      April 5, 2022
                                       ___________

        Introduced  by  Sen.  BOYLE  -- 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  protecting
          the identity of witnesses of hate crimes in discovery proceedings

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

     1    Section 1.  Paragraphs (c) and (g) of subdivision 1 of section  245.20
     2  of  the  criminal  procedure law, as amended by section 2 of part HHH of
     3  chapter 56 of the laws of 2020, are 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, including a designation by the  prosecutor  as  to
     8  which of those persons may be called as witnesses. Nothing in this para-
     9  graph  shall  require  the  disclosure  of physical addresses; provided,
    10  however, upon a motion and good cause shown the  court  may  direct  the
    11  disclosure  of  a  physical  address. Information under this subdivision
    12  relating to the identity of a 911 caller, the victim or  witness  of  an
    13  offense  defined  under  article one hundred thirty or section 230.34 or
    14  230.34-a of the penal law, any other victim or witness of a crime  where
    15  the  defendant  has substantiated affiliation with a criminal enterprise
    16  as defined in subdivision three of section 460.10 of the penal law, or a
    17  confidential informant may be  withheld,  and  redacted  from  discovery
    18  materials,  without need for a motion pursuant to section 245.70 of this
    19  article; but the prosecution shall notify the defendant in writing  that
    20  such  information  has not been disclosed, unless the court rules other-
    21  wise for good cause shown. Information under this  subdivision  relating
    22  to  the  identity of a witness of a hate crime, as defined under section
    23  485.05 of the penal law, shall be withheld and redacted  from  discovery
    24  materials,  without need for a motion pursuant to section 245.70 of this
    25  article; but the prosecution shall notify the defendant in writing  that
    26  such  information  has not been disclosed, unless the court rules other-
    27  wise for good cause shown.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10912-01-1
        S. 8731                             2

     1    (g) All tapes or other electronic recordings, including all electronic
     2  recordings of 911 telephone calls made or received  in  connection  with
     3  the alleged criminal incident, and a designation by the prosecutor as to
     4  which  of the recordings under this paragraph the prosecution intends to
     5  introduce at trial or a pre-trial hearing. If the discoverable materials
     6  under  this  paragraph exceed ten hours in total length, the prosecution
     7  may disclose only the recordings that it intends to introduce  at  trial
     8  or  a pre-trial hearing, along with a list of the source and approximate
     9  quantity of other recordings and their general subject matter if  known,
    10  and the defendant shall have the right upon request to obtain recordings
    11  not  previously  disclosed. The prosecution shall disclose the requested
    12  materials as soon as practicable and not less than fifteen calendar days
    13  after the defendant's request, unless an order is obtained  pursuant  to
    14  section  245.70  of this article. The prosecution may withhold the names
    15  and identifying information of any person who contacted 911 without  the
    16  need  for a protective order pursuant to section 245.70 of this article,
    17  provided, however, the defendant may move the court for disclosure.  The
    18  prosecution shall withhold names  and  identifying  information  of  any
    19  person  who  contacted  911  to  report  a  hate crime, as defined under
    20  section 485.05 of the penal law, without the need for a protective order
    21  pursuant to section 245.70  of  this  article,  provided,  however,  the
    22  defendant  may move the court for disclosure. If the prosecution intends
    23  to call such person as a witness at a trial or hearing, the  prosecution
    24  must  disclose the name and contact information of such witness no later
    25  than fifteen days before such trial or hearing, or as soon as  practica-
    26  ble.
    27    § 2. This act shall take effect on the first of November next succeed-
    28  ing the date upon which it shall have become a law.