S T A T E O F N E W Y O R K
________________________________________________________________________
4506
2009-2010 Regular Sessions
I N A S S E M B L Y
February 4, 2009
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Introduced by M. of A. MAYERSOHN, ESPAILLAT -- Multi-Sponsored by -- M.
of A. CANESTRARI, CHRISTENSEN, CLARK, COLTON, CYMBROWITZ, DINOWITZ,
GALEF, PHEFFER, SWEENEY -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the civil rights law, in relation to confidentiality of
victims and witnesses addresses and telephone numbers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil rights law is amended by adding a new section
50-f to read as follows:
S 50-F. CONFIDENTIALITY OF VICTIM AND WITNESS ADDRESSES AND TELEPHONE
NUMBERS. 1. THE RESIDENCE AND BUSINESS ADDRESSES AND TELEPHONE NUMBERS
OF ANY VICTIM OF OR WITNESS TO A CRIME SHALL BE CONFIDENTIAL. NO REPORT,
PAPER, PICTURE, PHOTOGRAPH, COURT FILE, OR OTHER DOCUMENT THAT RELATES
TO A CRIME AND CONTAINS THE RESIDENCE OR BUSINESS ADDRESS OR TELEPHONE
NUMBER OF A VICTIM OR WITNESS, AND THAT IS IN THE CUSTODY OR POSSESSION
OF ANY PUBLIC OFFICER OR EMPLOYEE, INCLUDING THE PROSECUTING ATTORNEY,
THE POLICE, AND ANY CLERKS, OFFICIALS, OR EMPLOYEES OF ANY STATE COURT,
SHALL BE MADE AVAILABLE FOR PUBLIC INSPECTION, UNLESS THE RESIDENCE AND
BUSINESS ADDRESSES AND TELEPHONE NUMBERS OF THE VICTIM AND WITNESS HAVE
BEEN DELETED. NO SUCH PUBLIC OFFICER OR EMPLOYEE SHALL DISCLOSE THE
RESIDENCE OR BUSINESS ADDRESS OR TELEPHONE NUMBER OF SUCH A VICTIM OR
WITNESS EXCEPT TO:
A. THE PUBLIC OFFICERS AND EMPLOYEES, INCLUDING POLICE, PROSECUTORS,
PROBATION AND PRISON OFFICERS AND EMPLOYEES, NOT TO INCLUDE COUNSEL FOR
THE DEFENSE, WHO ARE CHARGED WITH THE DUTY OF INVESTIGATING, PROSECUT-
ING, OR KEEPING RECORDS RELATING TO THE CRIME OR THE DEFENDANT, OR WITH
PERFORMING ANY OTHER ACT WHEN DONE PURSUANT TO THE LAWFUL DISCHARGE OF
THEIR DUTIES;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04380-01-9
A. 4506 2
B. ANY GOVERNMENT AGENCY OR ENTITY WHICH PROVIDES COMPENSATION OR
SERVICES TO VICTIMS OR WITNESSES, OR WHICH INVESTIGATES OR ADJUDICATES
CLAIMS FOR SUCH COMPENSATION OR SERVICES;
C. ANY PERSON OR AGENCY UPON WRITTEN CONSENT OF THE VICTIM OR WITNESS
OR THE PARENTS, SPOUSE, OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE
OF THE VICTIM OR WITNESS EXCEPT AS MAY OTHERWISE BE REQUIRED OR PROVIDED
BY THE ORDER OF A COURT; OR
D. ANY PERSON WHO, EITHER PRIOR TO OR AFTER THE TRIAL OF THE CASE
INVOLVING THE VICTIM OR WITNESS, MAKES APPLICATION TO A COURT HAVING
JURISDICTION OVER THE ALLEGED CRIME, AND IS AUTHORIZED BY COURT ORDER TO
RECEIVE SUCH INFORMATION. THE COURT ORDER SHALL ISSUE ONLY AFTER:
(I) THE PERSON MAKING THE APPLICATION DEMONSTRATES TO THE SATISFACTION
OF THE COURT THAT GOOD CAUSE EXISTS FOR DISCLOSURE TO THAT PERSON;
(II) THE COURT IS REASONABLY ASSURED BY THE PROSECUTING ATTORNEY THAT
THE VICTIM OR WITNESS IS KNOWN NOT TO BE AT RISK OF PERSONAL HARM
RESULTING FROM THE DISCLOSURE, OR IS ADEQUATELY PROTECTED FROM SUCH
RISK; AND
(III) NOTICE HAS BEEN GIVEN TO THE VICTIM OR WITNESS AFFECTED BY THE
ORDER, OR THE PARENTS, SPOUSE, OR OTHER PERSON LEGALLY RESPONSIBLE FOR
THE CARE OF THAT VICTIM OR WITNESS, AND TO THE PROSECUTING ATTORNEY AT
LEAST ONE HUNDRED TWENTY HOURS BEFORE THE SIGNING OF SUCH ORDER. THE
VICTIM OR WITNESS, OR THE PARENTS, SPOUSE, OR THE PERSON LEGALLY RESPON-
SIBLE FOR THE CARE OF THAT VICTIM OR WITNESS, AFFECTED BY THE ORDER MAY
APPEAL TO THE APPROPRIATE COURT THE DECISION TO ORDER DISCLOSURE, AND
THERE SHALL BE NO DISCLOSURE UNTIL SUCH APPEAL IS HEARD AND DECIDED.
2. PRIOR TO TRIAL, UPON REQUEST OF COUNSEL FOR THE DEFENDANT TO INTER-
VIEW A VICTIM OR WITNESS, THE PROSECUTING ATTORNEY SHALL ENSURE THAT THE
VICTIM OR WITNESS SOUGHT TO BE INTERVIEWED IS INFORMED OF THAT REQUEST
AND OF THE RIGHT OF THE VICTIM OR WITNESS TO EITHER GRANT OR REFUSE THAT
REQUEST. THE PROSECUTOR SHALL ASK IF THE VICTIM OR WITNESS WILL CONSENT
TO SUCH AN INTERVIEW, AND SHALL ENSURE THAT THE DEFENSE COUNSEL IS
INFORMED OF THE RESPONSE OF THE VICTIM OR WITNESS. IF THE VICTIM OR
WITNESS CONSENTS TO BE INTERVIEWED, THE PROSECUTING ATTORNEY SHALL SO
INFORM THE DEFENSE COUNSEL, AND SHALL OFFER TO THE VICTIM OR WITNESS
SPACE FOR A MEETING IN THE PROSECUTING ATTORNEY'S OFFICES OR, AT THE
OPTION OF THE PROSECUTING ATTORNEY, SOME OTHER APPROPRIATE NEUTRAL SITE.
THE PROSECUTING ATTORNEY SHALL NOT BE REQUIRED TO BUT MAY ATTEND THE
MEETING. THE VICTIM OR WITNESS SHALL BE FREE TO MAKE OTHER ARRANGEMENTS
TO CONTACT OR MEET WITH COUNSEL FOR THE DEFENSE, AND THE PROSECUTION
ATTORNEY SHALL NOT INTERFERE WITH NOR IMPEDE ON THOSE ARRANGEMENTS.
NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING DEFENSE COUN-
SEL FROM CONTACTING THE VICTIM OR WITNESS DIRECTLY FOR THE PURPOSES OF
INTERVIEWING THE VICTIM OR WITNESS, IF THE DEFENSE COUNSEL HAS OBTAINED
LAWFULLY THE ADDRESS OR TELEPHONE NUMBER OF THE VICTIM OR WITNESS FROM A
SOURCE OTHER THAN THE PROSECUTOR.
3. DURING A TRIAL OR HEARING RELATED TO A CRIMINAL PROSECUTION, THE
COURT SHALL REQUIRE THAT THE RESIDENCE AND BUSINESS ADDRESSES AND TELE-
PHONE NUMBERS OF ANY VICTIM OF OR WITNESS TO THE CRIME SHALL NOT BE
DISCLOSED IN OPEN COURT, AND THAT A VICTIM OR WITNESS SHALL NOT BE
REQUIRED TO PROVIDE THE ADDRESSES OR TELEPHONE NUMBERS OF THE VICTIM OR
WITNESS IN RESPONSE TO DEFENSE OR PROSECUTION QUESTIONING, UNLESS THE
COURT DETERMINES THAT THERE IS A CLEAR NEED FOR SUCH DISCLOSURE BECAUSE
THE INFORMATION IS NECESSARY AND RELEVANT TO THE FACTS OF THE CASE OR TO
THE CREDIBILITY OF THE WITNESS. THE BURDEN TO ESTABLISH THE NEED AND
RELEVANCE FOR DISCLOSURE SHALL BE ON THE DEFENSE OR THE PARTY SEEKING
DISCLOSURE. PRIOR TO ORDERING DISCLOSURE, THE COURT ALSO SHALL BE
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REASONABLY ASSURED THAT THE VICTIM OR WITNESS IS KNOWN NOT TO BE AT RISK
OF PERSONAL HARM RESULTING FROM THE DISCLOSURE, OR IS ADEQUATELY
PROTECTED FROM SUCH RISK.
4. THE COURT HAVING JURISDICTION OVER THE ALLEGED CRIME MAY ORDER ANY
RESTRICTIONS UPON DISCLOSURES AUTHORIZED IN THIS SECTION AS IT DEEMS
NECESSARY AND PROPER TO PRESERVE THE CONFIDENTIALITY OF THE RESIDENCE OR
BUSINESS ADDRESS OR TELEPHONE NUMBER OF THE VICTIM OR WITNESS.
5. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE
COURT TO EXCLUDE THE PUBLIC FROM ANY STAGE OF THE CRIMINAL PROCEEDING OR
OTHERWISE INTERFERE WITH A DEFENDANT'S DISCOVERY RIGHTS, THE PUBLIC'S
RIGHT OF ACCESS TO GOVERNMENTAL RECORDS, OR THE RIGHT OF NEWS MEDIA TO
REPORT INFORMATION LAWFULLY OBTAINED.
S 2. This act shall take effect immediately.