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Assembly Bill A987

2011-2012 Legislative Session

Prohibits disclosure of address or telephone number of victim of or witness to a crime in open court

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Archive: Last Bill Status - Stricken

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2011-A987 (ACTIVE) - Details

Law Section:
Civil Rights Law
Laws Affected:
Add ยง50-f, Civ Rts L
Versions Introduced in 2009-2010 Legislative Session:
A209

2011-A987 (ACTIVE) - Summary

Requires courts during a criminal trial or hearing to prohibit the disclosure of the address and telephone number of any victim of or witness to the crime to which such trial or hearing relates; prohibits such victims and witnesses from being required to disclose such information in open court.

2011-A987 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   987

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. PHEFFER, ENGLEBRIGHT -- Multi-Sponsored by -- M.
  of A. MAGEE, TOWNS -- 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 during a trial
  or hearing related to a criminal prosecution

  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  ADDRESS  AND  TELEPHONE
NUMBER  DURING  A  TRIAL  OR  HEARING RELATED TO A CRIMINAL PROSECUTION.
DURING A TRIAL OR HEARING RELATED TO A CRIMINAL PROSECUTION,  THE  COURT
SHALL  REQUIRE  THAT  THE RESIDENCE ADDRESS AND TELEPHONE NUMBER AND THE
PLACE OF BUSINESS NAME, ADDRESS AND TELEPHONE NUMBER OF ANY VICTIM OF OR
WITNESS TO THE CRIME SHALL NOT BE DISCLOSED IN OPEN COURT, AND THAT SUCH
VICTIM OR WITNESS SHALL NOT BE REQUIRED  TO  PROVIDE  THE  RESIDENCE  OR
PLACE  OF  BUSINESS  NAME,  ADDRESS OR TELEPHONE NUMBER AND THE PLACE OF
BUSINESS NAME, ADDRESS AND TELEPHONE NUMBER OF ANY VICTIM OR WITNESS  TO
THE  CRIME 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.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00643-01-1

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