Bill Text: NY A02773 | 2023-2024 | 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: Strong Partisan Bill (Republican 11-1)

Status: (Introduced) 2024-01-03 - referred to codes [A02773 Detail]

Download: New_York-2023-A02773-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2773

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 27, 2023
                                       ___________

        Introduced  by  M.  of A. GANDOLFO, DeSTEFANO, GALLAHAN, DURSO, SMULLEN,
          MANKTELOW, K. BROWN, REILLY, ANGELINO, RA -- read once and referred 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01256-01-3
        A. 2773                             2

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