Bill Text: NY S05247 | 2023-2024 | General Assembly | Introduced
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 9-0)
Status: (Introduced - Dead) 2024-01-03 - REFERRED TO CODES [S05247 Detail]
Download: New_York-2023-S05247-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5247 2023-2024 Regular Sessions IN SENATE February 28, 2023 ___________ Introduced by Sen. WEIK -- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01256-01-3S. 5247 2 1 such information has not been disclosed, unless the court rules other- 2 wise for good cause shown. 3 (g) All tapes or other electronic recordings, including all electronic 4 recordings of 911 telephone calls made or received in connection with 5 the alleged criminal incident, and a designation by the prosecutor as to 6 which of the recordings under this paragraph the prosecution intends to 7 introduce at trial or a pre-trial hearing. If the discoverable materials 8 under this paragraph exceed ten hours in total length, the prosecution 9 may disclose only the recordings that it intends to introduce at trial 10 or a pre-trial hearing, along with a list of the source and approximate 11 quantity of other recordings and their general subject matter if known, 12 and the defendant shall have the right upon request to obtain recordings 13 not previously disclosed. The prosecution shall disclose the requested 14 materials as soon as practicable and not less than fifteen calendar days 15 after the defendant's request, unless an order is obtained pursuant to 16 section 245.70 of this article. The prosecution may withhold the names 17 and identifying information of any person who contacted 911 without the 18 need for a protective order pursuant to section 245.70 of this article, 19 provided, however, the defendant may move the court for disclosure. The 20 prosecution shall withhold names and identifying information of any 21 person who contacted 911 to report a hate crime, as defined under 22 section 485.05 of the penal law, without the need for a protective order 23 pursuant to section 245.70 of this article, provided, however, the 24 defendant may move the court for disclosure. If the prosecution intends 25 to call such person as a witness at a trial or hearing, the prosecution 26 must disclose the name and contact information of such witness no later 27 than fifteen days before such trial or hearing, or as soon as practica- 28 ble. 29 § 2. This act shall take effect on the first of November next succeed- 30 ing the date upon which it shall have become a law.
