Bill Text: NY A02351 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to discovery restrictions for photographs of minors depicting sexual or other intimate parts; provides such photographs shall be subject to in camera review and certain other restrictions.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2024-01-03 - referred to codes [A02351 Detail]

Download: New_York-2023-A02351-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          2351

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced  by M. of A. SEPTIMO -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the criminal procedure law,  in  relation  to  discovery
          restrictions for photographs of minors depicting sexual or other inti-
          mate parts

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

     1    Section 1. Paragraph (h) 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    (h) All photographs and drawings made or completed by a public servant
     5  engaged in law enforcement activity, or which were made by a person whom
     6  the prosecutor intends to call as a witness  at  trial  or  a  pre-trial
     7  hearing,  or  which  relate to the subject matter of the case; provided,
     8  however, that any photographs depicting the  sexual  or  other  intimate
     9  parts  of  a person under the age of eighteen at the time the photograph
    10  was taken  shall  first  be  subject  to  in  camera  review  and  other
    11  restrictions  provided  by  subdivision  eight of section 245.70 of this
    12  article.
    13    § 2. Section 245.70 of the criminal procedure law is amended by adding
    14  a new subdivision 8 to read as follows:
    15    8. Photographs depicting the sexual  or  other  intimate  parts  of  a
    16  minor.  Any photograph depicting the sexual or other intimate parts of a
    17  person under the age of eighteen at the time the photograph  was  taken,
    18  and  which  is otherwise subject to disclosure pursuant to paragraph (h)
    19  of subdivision one of section 245.20 of this article, shall  be  subject
    20  to in camera review prior to disclosure to determine the manner in which
    21  such  photograph shall be disclosed, without need for a motion by either
    22  party. In determining the manner of disclosure, the court shall consider
    23  the body parts  depicted  in  the  photograph,  the  age  of  the  minor
    24  depicted, the nature of the photograph, the relevance and materiality of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04530-01-3
        A. 2351                             2

     1  the  photograph  to  the pending case, the impact disclosure may have on
     2  the minor depicted, the nature of  the  crime  or  crimes  charged,  the
     3  relationship  between  the  minor  depicted  and  the  defendant and any
     4  alleged  relationship between the minor depicted and the defendant, and,
     5  when known, the wishes of the minor depicted. There shall be a  rebutta-
     6  ble  presumption  that  such  photograph  shall be disclosed only to the
     7  counsel and relevant experts for the defendant.
     8    § 3. This act shall take effect on the ninetieth day  after  it  shall
     9  have become a law.