Bill Text: NY S07319 | 2023-2024 | General Assembly | Introduced


Bill Title: Permits the court to withhold names, contact information, and statements of any victim or eyewitness from discovery where the defendant is associated with a criminal street gang or the offense is connected to a criminal street gang or criminal enterprise activity.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S07319 Detail]

Download: New_York-2023-S07319-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7319

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 19, 2023
                                       ___________

        Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  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  protective
          orders

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

     1    Section 1. Section 245.70 of the criminal procedure law is amended  by
     2  adding a new subdivision 4-a to read as follows:
     3    4-a.  Where  the  people  have established reasonable cause to believe
     4  that the defendant is associated with a criminal street gang, as defined
     5  in section 10-170 of the administrative code of the city of New York  or
     6  a criminal enterprise, as defined in section 460.10 of the penal law and
     7  that the offense is connected to criminal street gang or criminal enter-
     8  prise  activity, there shall be a presumption that good cause exists for
     9  the court to authorize the withholding  by  the  people  of  the  names,
    10  adequate contact information, and statements of any victim or eyewitness
    11  to the charged offense.
    12    § 2. This act shall take effect immediately.





         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09213-01-3
feedback