The New York State Senate

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

                                 4360--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2017
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
  relation  to  establishing new criminal discovery rules; and to repeal
  article 240 of the criminal procedure law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 240 of the criminal procedure law is REPEALED.
  § 2. The criminal procedure law is amended by adding a new article 245
to read as follows:
                               ARTICLE 245
                                DISCOVERY
SECTION 245.10 TIMING OF DISCOVERY.
        245.20 AUTOMATIC DISCOVERY.
        245.25 DISCLOSURE PRIOR TO GUILTY PLEA DEADLINE.
        245.30 COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY.
        245.35 COURT ORDERED PROCEDURES TO FACILITATE COMPLIANCE.
        245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
        245.45 DNA COMPARISON ORDER.
        245.50 CERTIFICATES OF COMPLIANCE.
        245.55 FLOW OF INFORMATION.
        245.60 CONTINUING DUTY TO DISCLOSE.
        245.65 WORK PRODUCT.
        245.70 PROTECTIVE ORDERS.
        245.75 WAIVER OF DISCOVERY BY DEFENDANT.
        245.80 REMEDIES OR SANCTIONS FOR NON-COMPLIANCE.
        245.85 ADMISSIBILITY OF DISCOVERY.
§ 245.10 TIMING OF DISCOVERY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03711-03-8

A. 4360--A                          2

  1. PROSECUTION'S PERFORMANCE OF OBLIGATIONS. (A) THE PROSECUTION SHALL
PERFORM  ITS  INITIAL    DISCOVERY  OBLIGATIONS UNDER SUBDIVISION ONE OF
SECTION 245.20 OF THIS ARTICLE AS SOON AS   PRACTICABLE  BUT  NOT  LATER
THAN  FIFTEEN  CALENDAR  DAYS  AFTER  THE  DEFENDANT'S ARRAIGNMENT ON AN
INDICTMENT, SUPERIOR COURT INFORMATION, PROSECUTOR'S INFORMATION, INFOR-
MATION,  OR  SIMPLIFIED INFORMATION. PORTIONS OF MATERIALS CLAIMED TO BE
NON-DISCOVERABLE MAY BE WITHHELD PENDING A DETERMINATION AND  RULING  OF
THE  COURT UNDER SECTION 245.70 OF THIS ARTICLE; BUT THE DEFENDANT SHALL
BE NOTIFIED IN WRITING THAT INFORMATION HAS NOT BEEN DISCLOSED  UNDER  A
PARTICULAR SUBDIVISION OF SUCH SECTION, AND THE DISCOVERABLE PORTIONS OF
SUCH  MATERIALS SHALL BE DISCLOSED IF PRACTICABLE. WHEN THE DISCOVERABLE
MATERIALS ARE EXCEPTIONALLY VOLUMINOUS, THE TIME PERIOD  IN  THIS  PARA-
GRAPH  MAY BE STAYED BY UP TO AN ADDITIONAL THIRTY CALENDAR DAYS WITHOUT
NEED FOR A MOTION PURSUANT TO  SUBDIVISION TWO OF SECTION 245.70 OF THIS
ARTICLE.
  (B) THE PROSECUTION SHALL PERFORM  ITS  SUPPLEMENTAL  DISCOVERY  OBLI-
GATIONS  UNDER  SUBDIVISION  THREE  OF SECTION 245.20 OF THIS ARTICLE AS
SOON AS PRACTICABLE BUT NOT LATER  THAN  FIFTEEN  CALENDAR  DAYS  BEFORE
TRIAL.
  (C)  UPON TIMELY DEFENSE REQUEST, THE PROSECUTION SHALL DISCLOSE MATE-
RIALS UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 245.20  OF  THIS
ARTICLE  TO  ANY  DEFENDANT  WHO  HAS BEEN ARRAIGNED IN A LOCAL CRIMINAL
COURT UPON A  CURRENTLY  UNDISPOSED  OF  FELONY  COMPLAINT  CHARGING  AN
OFFENSE  WHICH  IS  A  SUBJECT  OF  A  PROSPECTIVE OR PENDING GRAND JURY
PROCEEDING, NO LATER THAN FORTY-EIGHT HOURS BEFORE  THE  TIME  SCHEDULED
FOR  THE  DEFENDANT  TO  TESTIFY  AT A GRAND JURY PROCEEDING PURSUANT TO
SUBDIVISION FIVE OF SECTION 190.50 OF THIS PART.
  2. DEFENDANT'S PERFORMANCE OF OBLIGATIONS. THE DEFENDANT SHALL PERFORM
HIS OR HER DISCOVERY  OBLIGATIONS  UNDER  SUBDIVISION  FOUR  OF  SECTION
245.20  OF  THIS ARTICLE NOT LATER THAN THIRTY CALENDAR DAYS AFTER BEING
SERVED WITH THE PROSECUTION'S  CERTIFICATE  OF  COMPLIANCE  PURSUANT  TO
SUBDIVISION  ONE OF SECTION 245.50 OF THIS ARTICLE, EXCEPT THAT PORTIONS
OF MATERIALS CLAIMED TO BE NON-DISCOVERABLE MAY BE  WITHHELD  PENDING  A
DETERMINATION AND RULING OF THE COURT UNDER SECTION 245.70 OF THIS ARTI-
CLE;  BUT  THE  PROSECUTION MUST BE NOTIFIED IN WRITING THAT INFORMATION
HAS NOT BEEN DISCLOSED UNDER A PARTICULAR SECTION.
§ 245.20 AUTOMATIC DISCOVERY.
  1. INITIAL DISCOVERY FOR THE DEFENDANT. THE PROSECUTION SHALL DISCLOSE
TO THE DEFENDANT, AND PERMIT THE DEFENDANT TO DISCOVER, INSPECT, COPY OR
PHOTOGRAPH, EACH OF THE FOLLOWING ITEMS AND INFORMATION WHEN IT  RELATES
TO  THE  SUBJECT MATTER OF THE CASE AND IS IN THE POSSESSION, CUSTODY OR
CONTROL OF THE PROSECUTION OR PERSONS UNDER THE PROSECUTION'S  DIRECTION
OR CONTROL:
  (A)  ALL WRITTEN OR RECORDED STATEMENTS, AND THE SUBSTANCE OF ALL ORAL
STATEMENTS, MADE BY THE DEFENDANT OR A CO-DEFENDANT TO A PUBLIC  SERVANT
ENGAGED IN LAW ENFORCEMENT ACTIVITY OR TO A PERSON THEN ACTING UNDER HIS
OR  HER  DIRECTION  OR IN COOPERATION WITH HIM OR HER, OTHER THAN STATE-
MENTS MADE IN THE COURSE OF THE CRIMINAL TRANSACTION.
  (B) ALL TRANSCRIPTS OF THE TESTIMONY OF A  PERSON  WHO  HAS  TESTIFIED
BEFORE  A  GRAND  JURY,  INCLUDING BUT NOT LIMITED TO THE DEFENDANT OR A
CO-DEFENDANT. IF IN THE EXERCISE OF REASONABLE DILIGENCE, AND DUE TO THE
LIMITED  AVAILABILITY  OF  TRANSCRIPTION  RESOURCES,  A  TRANSCRIPT   IS
UNAVAILABLE  FOR DISCLOSURE WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVI-
SION ONE OF SECTION 245.10 OF THIS ARTICLE,  SUCH  TIME  PERIOD  MAY  BE
STAYED  BY  UP  TO AN ADDITIONAL THIRTY CALENDAR DAYS WITHOUT NEED FOR A
MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 245.70  OF  THIS  ARTICLE;

A. 4360--A                          3

EXCEPT THAT SUCH DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND NOT
LATER  THAN  THIRTY CALENDAR DAYS BEFORE A SCHEDULED  TRIAL DATE, UNLESS
AN ORDER IS OBTAINED PURSUANT TO SECTION 245.70 OF  THIS  ARTICLE.  WHEN
THE COURT IS  REQUIRED TO REVIEW GRAND JURY TRANSCRIPTS, THE PROSECUTION
SHALL  DISCLOSE SUCH TRANSCRIPTS TO THE COURT EXPEDITIOUSLY UPON RECEIPT
BY THE PROSECUTOR, NOTWITHSTANDING THE OTHERWISE-APPLICABLE TIME PERIODS
FOR DISCLOSURE IN THIS ARTICLE.
  (C) THE NAMES OF, AND ADDRESSES OR ADEQUATE ALTERNATIVE CONTACT INFOR-
MATION FOR, ALL  PERSONS OTHER THAN LAW ENFORCEMENT PERSONNEL  WHOM  THE
PROSECUTOR KNOWS TO HAVE EVIDENCE OR INFORMATION RELEVANT TO ANY OFFENSE
CHARGED  OR  TO  A POTENTIAL DEFENSE THERETO, INCLUDING A DESIGNATION BY
THE PROSECUTOR AS TO WHICH OF THOSE PERSONS MAY BE CALLED AS  WITNESSES.
INFORMATION  UNDER THIS SUBDIVISION RELATING TO A CONFIDENTIAL INFORMANT
MAY BE WITHHELD, AND REDACTED FROM DISCOVERY MATERIALS, WITHOUT NEED FOR
A MOTION PURSUANT TO SECTION 245.70 OF THIS ARTICLE; BUT  THE  DEFENDANT
SHALL  BE  NOTIFIED  IN  WRITING  THAT  SUCH  INFORMATION  HAS  NOT BEEN
DISCLOSED, UNLESS THE COURT RULES OTHERWISE FOR GOOD CAUSE SHOWN.
  (D) THE NAME AND WORK AFFILIATION OF  ALL  LAW  ENFORCEMENT  PERSONNEL
WHOM  THE  PROSECUTOR  KNOWS TO HAVE EVIDENCE OR INFORMATION RELEVANT TO
ANY OFFENSE CHARGED OR TO A POTENTIAL  DEFENSE    THERETO,  INCLUDING  A
DESIGNATION BY THE PROSECUTOR AS TO WHICH OF THOSE PERSONS MAY BE CALLED
AS  WITNESSES. INFORMATION UNDER THIS SUBDIVISION RELATING TO UNDERCOVER
PERSONNEL  MAY BE WITHHELD, AND REDACTED FROM DISCOVERY MATERIALS, WITH-
OUT NEED FOR A MOTION PURSUANT TO SECTION 245.70 OF  THIS  ARTICLE;  BUT
THE DEFENDANT SHALL BE NOTIFIED IN WRITING THAT SUCH INFORMATION HAS NOT
BEEN DISCLOSED, UNLESS THE COURT RULES OTHERWISE FOR GOOD CAUSE SHOWN.
  (E)  ALL  STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING
OR RECORDING, MADE BY PERSONS WHO HAVE EVIDENCE OR INFORMATION  RELEVANT
TO ANY OFFENSE CHARGED OR TO A POTENTIAL  DEFENSE THERETO, INCLUDING ALL
POLICE  REPORTS AND LAW ENFORCEMENT AGENCY REPORTS.  THIS PROVISION ALSO
INCLUDES STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING OR
RECORDING, BY PERSONS TO BE CALLED AS WITNESSES AT PRE-TRIAL HEARINGS.
  (F) EXPERT OPINION EVIDENCE, INCLUDING  THE  NAME,  BUSINESS  ADDRESS,
CURRENT  CURRICULUM    VITAE,  AND A LIST OF PUBLICATIONS OF EACH EXPERT
WITNESS WHOM THE PROSECUTOR INTENDS TO CALL AS A WITNESS AT TRIAL  OR  A
PRE-TRIAL  HEARING,  AND ALL REPORTS PREPARED BY THE EXPERT THAT PERTAIN
TO THE CASE, OR IF NO REPORT IS PREPARED, A  WRITTEN  STATEMENT  OF  THE
FACTS  AND  OPINIONS  TO  WHICH  THE EXPERT IS EXPECTED TO TESTIFY AND A
SUMMARY OF THE GROUNDS FOR EACH OPINION. THIS PARAGRAPH DOES  NOT  ALTER
OR  IN ANY WAY AFFECT THE PROCEDURES, OBLIGATIONS OR RIGHTS SET FORTH IN
SECTION 250.10 OF THIS  TITLE. IF IN THE EXERCISE  OF  REASONABLE  DILI-
GENCE  THIS  INFORMATION  IS  UNAVAILABLE FOR DISCLOSURE WITHIN THE TIME
PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 245.10 OF  THIS  ARTICLE,
THAT  PERIOD    SHALL  BE  STAYED  WITHOUT NEED FOR A MOTION PURSUANT TO
SUBDIVISION TWO OF SECTION 245.70 OF THIS    ARTICLE;  EXCEPT  THAT  THE
DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND NOT LATER THAN SIXTY
CALENDAR DAYS BEFORE A SCHEDULED TRIAL DATE, UNLESS AN ORDER IS OBTAINED
PURSUANT  TO  SECTION  245.70  OF  THIS  ARTICLE. WHEN THE PROSECUTION'S
EXPERT WITNESS IS BEING CALLED IN RESPONSE TO DISCLOSURE  OF  AN  EXPERT
WITNESS  BY THE DEFENDANT, THE COURT SHALL ALTER A SCHEDULED TRIAL DATE,
IF NECESSARY, TO  ALLOW THE PROSECUTION THIRTY CALENDAR DAYS TO MAKE THE
DISCLOSURE AND THE DEFENDANT THIRTY CALENDAR DAYS TO PREPARE AND RESPOND
TO THE NEW MATERIALS.
  (G) ALL TAPES OR OTHER ELECTRONIC  RECORDINGS  WHICH  THE  PROSECUTION
INTENDS TO INTRODUCE AT TRIAL OR A PRE-TRIAL HEARING.

A. 4360--A                          4

  (H) ALL PHOTOGRAPHS AND DRAWINGS MADE OR COMPLETED BY A PUBLIC SERVANT
ENGAGED  IN  LAW    ENFORCEMENT ACTIVITY, OR WHICH WERE MADE BY A PERSON
WHOM THE PROSECUTOR INTENDS TO CALL AS A WITNESS AT TRIAL OR A PRE-TRIAL
HEARING, OR WHICH THE PROSECUTION INTENDS TO INTRODUCE  AT  TRIAL  OR  A
PRE-TRIAL HEARING.
  (I)  ALL  PHOTOGRAPHS, PHOTOCOPIES AND REPRODUCTIONS MADE BY OR AT THE
DIRECTION OF LAW ENFORCEMENT PERSONNEL OF  ANY  PROPERTY  PRIOR  TO  ITS
RELEASE PURSUANT TO SECTION 450.10 OF THE PENAL  LAW.
  (J)  ALL REPORTS, DOCUMENTS, DATA, CALCULATIONS OR WRITINGS, INCLUDING
BUT NOT LIMITED TO   PRELIMINARY TESTS OR SCREENING  RESULTS  AND  BENCH
NOTES,  CONCERNING PHYSICAL OR MENTAL  EXAMINATIONS, OR SCIENTIFIC TESTS
OR EXPERIMENTS OR COMPARISONS, AND  ANALYSES  PERFORMED  ELECTRONICALLY,
RELATING  TO  THE CRIMINAL ACTION OR PROCEEDING WHICH WERE MADE BY OR AT
THE REQUEST OR DIRECTION OF A PUBLIC SERVANT ENGAGED IN LAW  ENFORCEMENT
ACTIVITY,  OR WHICH WERE MADE BY A PERSON WHOM THE PROSECUTOR INTENDS TO
CALL AS A WITNESS AT TRIAL OR A PRE-TRIAL HEARING, OR WHICH  THE  PROSE-
CUTION INTENDS TO INTRODUCE AT TRIAL OR A PRE-TRIAL HEARING.
  (K)  ALL  EVIDENCE  AND  INFORMATION, INCLUDING THAT WHICH IS KNOWN TO
POLICE OR OTHER LAW ENFORCEMENT  AGENCIES  ACTING  ON  THE  GOVERNMENT'S
BEHALF  IN  THE CASE, THAT TENDS TO: (I) NEGATE THE DEFENDANT'S GUILT AS
TO A CHARGED OFFENSE; (II) REDUCE THE DEGREE OF OR MITIGATE THE  DEFEND-
ANT'S    CULPABILITY  AS TO A CHARGED OFFENSE; (III) SUPPORT A POTENTIAL
DEFENSE TO A CHARGED OFFENSE; (IV)  IMPEACH THE CREDIBILITY OF A  TESTI-
FYING  PROSECUTION  WITNESS;  (V)  UNDERMINE EVIDENCE OF THE DEFENDANT'S
IDENTITY AS A PERPETRATOR OF A CHARGED OFFENSE; (VI) PROVIDE A BASIS FOR
A MOTION TO  SUPPRESS EVIDENCE; OR (VII) MITIGATE  PUNISHMENT.  INFORMA-
TION  UNDER  THIS  SUBDIVISION  SHALL  BE  DISCLOSED WHETHER OR NOT SUCH
INFORMATION IS RECORDED IN TANGIBLE FORM AND IRRESPECTIVE OF WHETHER THE
PROSECUTOR CREDITS THE INFORMATION. THE PROSECUTOR  SHALL  DISCLOSE  THE
INFORMATION  EXPEDITIOUSLY  UPON ITS RECEIPT AND SHALL NOT DELAY DISCLO-
SURE IF IT IS OBTAINED EARLIER THAN THE TIME PERIOD  FOR  DISCLOSURE  IN
SUBDIVISION ONE OF SECTION 245.10 OF THIS ARTICLE.
  (L)  A SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS MADE TO, OR IN
FAVOR OF, PERSONS WHO MAY BE CALLED AS WITNESSES, AS  WELL  AS  REQUESTS
FOR  CONSIDERATION BY PERSONS WHO MAY BE CALLED AS  WITNESSES AND COPIES
OF ALL DOCUMENTS RELEVANT TO A PROMISE, REWARD OR INDUCEMENT.
  (M) A LIST  OF  ALL  TANGIBLE  OBJECTS  OBTAINED  FROM,  OR  ALLEGEDLY
POSSESSED BY, THE DEFENDANT  OR A CO-DEFENDANT. THE LIST SHALL INCLUDE A
DESIGNATION  BY  THE  PROSECUTOR  AS TO WHICH OBJECTS WERE PHYSICALLY OR
CONSTRUCTIVELY POSSESSED BY THE DEFENDANT AND WERE  RECOVERED  DURING  A
SEARCH  OR  SEIZURE  BY  A PUBLIC SERVANT OR AN AGENT THEREOF, AND WHICH
TANGIBLE OBJECTS WERE RECOVERED BY A  PUBLIC SERVANT OR AN AGENT THEREOF
AFTER ALLEGEDLY BEING ABANDONED BY THE  DEFENDANT.  IF  THE  PROSECUTION
INTENDS  TO  PROVE THE DEFENDANT'S POSSESSION OF ANY TANGIBLE OBJECTS BY
MEANS OF A STATUTORY PRESUMPTION OF POSSESSION, IT SHALL DESIGNATE  SUCH
INTENTION  AS TO EACH SUCH OBJECT. IF REASONABLY PRACTICABLE, THE PROSE-
CUTION SHALL ALSO DESIGNATE THE LOCATION FROM WHICH EACH TANGIBLE OBJECT
WAS RECOVERED.  THERE IS ALSO A RIGHT TO INSPECT OR COPY  OR  PHOTOGRAPH
THE LISTED TANGIBLE OBJECTS.
  (N)  WHETHER  A  SEARCH  WARRANT  HAS  BEEN EXECUTED AND ALL DOCUMENTS
RELATING THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANT, THE  WARRANT
APPLICATION,  SUPPORTING  AFFIDAVITS, A POLICE INVENTORY OF ALL PROPERTY
SEIZED UNDER THE WARRANT, AND A TRANSCRIPT OF  ALL  TESTIMONY  OR  OTHER
ORAL COMMUNICATIONS OFFERED IN SUPPORT OF THE WARRANT APPLICATION.
  (O) ALL TANGIBLE PROPERTY THAT THE PROSECUTION INTENDS TO INTRODUCE IN
ITS CASE-IN-CHIEF AT TRIAL OR A PRE-TRIAL HEARING. IF IN THE EXERCISE OF

A. 4360--A                          5

REASONABLE  DILIGENCE  THE PROSECUTOR HAS NOT FORMED AN INTENTION WITHIN
THE TIME PERIOD SPECIFIED IN SUBDIVISION ONE OF SECTION 245.10  OF  THIS
ARTICLE  THAT AN ITEM UNDER THIS SUBDIVISION WILL BE INTRODUCED AT TRIAL
OR  A  PRE-TRIAL  HEARING, SUCH TIME PERIOD SHALL BE STAYED WITHOUT NEED
FOR A MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 245.70 OF THIS ARTI-
CLE; BUT THE DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND SUBJECT
TO THE CONTINUING DUTY TO DISCLOSE IN SECTION 245.60 OF THIS ARTICLE.
  (P) THE RESULTS OF COMPLETE CRIMINAL HISTORY  RECORD  CHECKS  FOR  ALL
DEFENDANTS AND ALL PERSONS DESIGNATED AS POTENTIAL PROSECUTION WITNESSES
PURSUANT  TO  PARAGRAPH  (C)  OF  THIS  SUBDIVISION,  OTHER  THAN  THOSE
WITNESSES WHO ARE EXPERTS.
  (Q) WHEN IT IS KNOWN TO THE PROSECUTION, THE EXISTENCE OF ANY  PENDING
CRIMINAL  ACTION AGAINST ALL PERSONS DESIGNATED AS POTENTIAL PROSECUTION
WITNESSES PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
  (R) THE APPROXIMATE DATE, TIME AND PLACE OF THE  OFFENSE  OR  OFFENSES
CHARGED AND OF THE DEFENDANT'S SEIZURE AND ARREST.
  (S) IN ANY PROSECUTION ALLEGING A VIOLATION OF THE VEHICLE AND TRAFFIC
LAW, WHERE THE DEFENDANT IS CHARGED BY INDICTMENT, SUPERIOR COURT INFOR-
MATION,  PROSECUTOR'S  INFORMATION,  INFORMATION, OR SIMPLIFIED INFORMA-
TION, THE MOST RECENT RECORD OF INSPECTION, CALIBRATION  AND  REPAIR  OF
MACHINES  AND  INSTRUMENTS  UTILIZED TO PERFORM ANY SCIENTIFIC TESTS AND
EXPERIMENTS AND THE CERTIFICATION CERTIFICATE, IF ANY, HELD BY THE OPER-
ATOR OF THE MACHINE OR INSTRUMENT, AND ALL   OTHER DISCLOSURES  REQUIRED
UNDER THIS ARTICLE.
  (T)  IN  ANY  PROSECUTION  ALLEGING  A  VIOLATION OF SECTION 156.05 OR
156.10 OF THE PENAL LAW, THE  TIME,  PLACE  AND  MANNER  SUCH  VIOLATION
OCCURRED.
  2.  DISCOVERY  BY THE PROSECUTION.   THE PROSECUTOR SHALL MAKE A DILI-
GENT, GOOD FAITH EFFORT TO ASCERTAIN THE EXISTENCE OF MATERIAL OR INFOR-
MATION DISCOVERABLE UNDER SUBDIVISION ONE OF THIS SECTION AND  TO  CAUSE
SUCH    MATERIAL OR INFORMATION TO BE MADE AVAILABLE FOR DISCOVERY WHERE
IT EXISTS BUT IS NOT WITHIN  THE  PROSECUTOR'S  POSSESSION,  CUSTODY  OR
CONTROL; PROVIDED THAT THE PROSECUTOR SHALL NOT BE REQUIRED TO OBTAIN BY
SUBPOENA  DUCES  TECUM  MATERIAL  OR INFORMATION WHICH THE DEFENDANT MAY
THEREBY OBTAIN. THIS PROVISION  SHALL  NOT  REQUIRE  THE  PROSECUTOR  TO
ASCERTAIN  THE EXISTENCE OF WITNESSES NOT KNOWN TO POLICE OR ANOTHER LAW
ENFORCEMENT AGENCY, OR THE WRITTEN OR RECORDED STATEMENTS THEREOF, UNDER
PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
  3. SUPPLEMENTAL DISCOVERY FOR THE  DEFENDANT.  THE  PROSECUTION  SHALL
DISCLOSE  TO THE DEFENDANT A LIST OF ALL MISCONDUCT AND CRIMINAL ACTS OF
THE DEFENDANT NOT CHARGED IN THE INDICTMENT, SUPERIOR COURT INFORMATION,
PROSECUTOR'S INFORMATION, INFORMATION, OR SIMPLIFIED INFORMATION,  WHICH
THE  PROSECUTION  INTENDS TO USE AT TRIAL FOR PURPOSES OF (A) IMPEACHING
THE CREDIBILITY OF THE DEFENDANT, OR (B) AS  SUBSTANTIVE  PROOF  OF  ANY
MATERIAL  ISSUE IN THE CASE. IN ADDITION THE PROSECUTION SHALL DESIGNATE
WHETHER IT INTENDS TO USE EACH LISTED  ACT  FOR  IMPEACHMENT  AND/OR  AS
SUBSTANTIVE PROOF.
  4.  RECIPROCAL DISCOVERY FOR THE PROSECUTION. (A) THE DEFENDANT SHALL,
SUBJECT TO CONSTITUTIONAL LIMITATIONS, DISCLOSE TO THE PROSECUTION,  AND
PERMIT  THE  PROSECUTION  TO  DISCOVER, INSPECT, COPY OR PHOTOGRAPH, ANY
MATERIAL AND RELEVANT EVIDENCE WITHIN THE DEFENDANT'S OR COUNSEL FOR THE
DEFENDANT'S POSSESSION OR CONTROL THAT IS DISCOVERABLE UNDER  PARAGRAPHS
(F),  (G),  (H),  (J),  (1)  AND (O) OF SUBDIVISION ONE OF THIS SECTION,
WHICH THE DEFENDANT INTENDS TO OFFER AT TRIAL  OR A  PRE-TRIAL  HEARING,
AND  THE  NAMES,  ADDRESSES, BIRTH DATES, AND ALL STATEMENTS, WRITTEN OR
RECORDED OR SUMMARIZED IN ANY WRITING OR  RECORDING,  OF  THOSE  PERSONS

A. 4360--A                          6

OTHER THAN THE DEFENDANT WHOM THE DEFENDANT INTENDS TO CALL AS WITNESSES
AT TRIAL OR A PRE-TRIAL HEARING.
  (B)  DISCLOSURE  OF THE NAME, ADDRESS, BIRTH DATE, AND ALL STATEMENTS,
WRITTEN OR RECORDED OR SUMMARIZED IN ANY  WRITING  OR  RECORDING,  OF  A
PERSON  WHOM  THE  DEFENDANT  INTENDS  TO CALL AS A WITNESS FOR THE SOLE
PURPOSE OF IMPEACHING A PROSECUTION WITNESS IS NOT REQUIRED UNTIL  AFTER
THE PROSECUTION WITNESS HAS TESTIFIED AT TRIAL.
  (C)  IF  IN  THE  EXERCISE  OF  REASONABLE  DILIGENCE THE RECIPROCALLY
DISCOVERABLE INFORMATION  UNDER PARAGRAPH (F) OR (O) OF SUBDIVISION  ONE
OF  THIS  SECTION  IS UNAVAILABLE FOR DISCLOSURE WITHIN  THE TIME PERIOD
SPECIFIED IN SUBDIVISION TWO OF SECTION 245.10  OF  THIS  ARTICLE,  SUCH
TIME PERIOD SHALL BE STAYED WITHOUT NEED FOR A MOTION PURSUANT TO SUBDI-
VISION  TWO OF SECTION 245.70 OF THIS  ARTICLE; BUT THE DISCLOSURE SHALL
BE MADE AS SOON AS PRACTICABLE AND SUBJECT TO  THE  CONTINUING  DUTY  TO
DISCLOSE IN SECTION 245.60 OF THIS ARTICLE.
  5. STAY OF AUTOMATIC DISCOVERY; REMEDIES AND SANCTIONS. SECTION 245.10
AND  SUBDIVISIONS    ONE, TWO, THREE AND FOUR OF THIS SECTION SHALL HAVE
THE FORCE AND EFFECT OF A COURT ORDER, AND FAILURE TO PROVIDE  DISCOVERY
PURSUANT TO SUCH SECTION OR SUBDIVISION MAY RESULT IN APPLICATION OF ANY
REMEDIES  OR  SANCTIONS  PERMITTED FOR NON-COMPLIANCE WITH A COURT ORDER
UNDER SECTION 245.80 OF THIS ARTICLE. HOWEVER, IF  IN  THE  JUDGMENT  OF
EITHER  PARTY GOOD CAUSE EXISTS FOR DECLINING TO MAKE ANY OF THE DISCLO-
SURES SET FORTH ABOVE, SUCH PARTY MAY MOVE FOR A PROTECTIVE ORDER PURSU-
ANT TO SECTION 245.70 OF THIS ARTICLE AND PRODUCTION OF THE  ITEM  SHALL
BE  STAYED  PENDING  A  RULING BY THE COURT. THE OPPOSING PARTY SHALL BE
NOTIFIED IN WRITING THAT INFORMATION HAS NOT   BEEN  DISCLOSED  UNDER  A
PARTICULAR  SECTION.  WHEN  SOME  PARTS  OF  MATERIAL OR INFORMATION ARE
DISCOVERABLE BUT IN THE JUDGMENT  OF  A  PARTY  GOOD  CAUSE  EXISTS  FOR
DECLINING  TO  DISCLOSE  OTHER  PARTS,  THE  DISCOVERABLE PARTS SHALL BE
DISCLOSED AND THE DISCLOSING PARTY SHALL GIVE NOTICE IN    WRITING  THAT
NON-DISCOVERABLE PARTS HAVE BEEN WITHHELD.
  6.  REDACTIONS  PERMITTED.  EITHER  PARTY  MAY  REDACT SOCIAL SECURITY
NUMBERS AND TAX NUMBERS FROM DISCLOSURES UNDER THIS ARTICLE.
§ 245.25 DISCLOSURE PRIOR TO GUILTY PLEA DEADLINE.
  1. PRE-INDICTMENT GUILTY PLEAS. UPON A  FELONY  COMPLAINT,  WHERE  THE
PROSECUTION HAS MADE A PRE-INDICTMENT GUILTY PLEA OFFER REQUIRING A PLEA
TO  A CRIME, THE DEFENDANT SHALL HAVE THE RIGHT  UPON TIMELY REQUEST AND
REASONABLE NOTICE TO THE PROSECUTION TO INSPECT ANY AVAILABLE POLICE  OR
OTHER  LAW  ENFORCEMENT  AGENCY REPORT OF A FACTUAL NATURE REGARDING THE
ARREST OR INVESTIGATION OF THE CHARGES, AND/OR ANY DESIGNATED AND AVAIL-
ABLE ITEMS OR INFORMATION THAT COULD BE OF MATERIAL   IMPORTANCE TO  THE
DECISION  ON  THE  GUILTY  PLEA OFFER AND WOULD BE DISCOVERABLE PRIOR TO
TRIAL UNDER SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE. THE PROS-
ECUTION SHALL DISCLOSE THE REQUESTED AND  DESIGNATED ITEMS  OR  INFORMA-
TION,  AS  WELL AS ANY KNOWN INFORMATION THAT TENDS TO BE EXCULPATORY OR
TO SUPPORT A DEFENSE TO A CHARGED OFFENSE, NOT LESS THAN THREE  CALENDAR
DAYS PRIOR TO THE EXPIRATION DATE OF ANY GUILTY PLEA OFFER BY THE PROSE-
CUTION  OR ANY DEADLINE IMPOSED BY THE COURT FOR ACCEPTANCE OF A NEGOTI-
ATED GUILTY PLEA OFFER.  IF THE PROSECUTION DOES NOT COMPLY WITH A PROP-
ER REQUEST MADE PURSUANT TO  THIS    SUBDIVISION,  THE  COURT  MAY  TAKE
APPROPRIATE ACTION AS NECESSARY TO ADDRESS THE NON-COMPLIANCE, INCLUDING
ALLOWING A GUILTY PLEA TO THE ORIGINAL GUILTY PLEA OFFER NOTWITHSTANDING
OTHER  PROVISIONS    OF  THIS  CHAPTER. THE INSPECTION RIGHTS UNDER THIS
SUBDIVISION DO NOT APPLY TO ITEMS OR INFORMATION THAT ARE THE SUBJECT OF
A PROTECTIVE ORDER UNDER SECTION 245.70 OF THIS  ARTICLE;  BUT  IF  SUCH
INFORMATION  TENDS  TO  BE  EXCULPATORY,  THE COURT SHALL RECONSIDER THE

A. 4360--A                          7

PROTECTIVE ORDER. THE COURT MAY DENY  AN  INSPECTION  RIGHT  UNDER  THIS
SUBDIVISION  WHEN  A REASONABLE PERSON IN THE DEFENDANT'S POSITION WOULD
NOT CONSIDER THE REQUESTED AND DESIGNATED ITEM OR INFORMATION TO  BE  OF
MATERIAL  IMPORTANCE TO THE DECISION ON THE GUILTY PLEA OFFER. A DEFEND-
ANT MAY WAIVE HIS OR HER RIGHTS UNDER THIS  SUBDIVISION;  BUT  A  GUILTY
PLEA OFFER MAY NOT BE CONDITIONED ON SUCH WAIVER.
  2. OTHER GUILTY PLEAS. UPON AN INDICTMENT, SUPERIOR COURT INFORMATION,
PROSECUTOR'S    INFORMATION,  INFORMATION,  SIMPLIFIED  INFORMATION,  OR
MISDEMEANOR COMPLAINT, WHERE THE PROSECUTION  HAS  MADE  A  GUILTY  PLEA
OFFER  REQUIRING  A  PLEA TO A CRIME, THE DEFENDANT SHALL HAVE THE RIGHT
UPON TIMELY REQUEST AND REASONABLE NOTICE TO THE PROSECUTION TO  INSPECT
ANY AVAILABLE POLICE OR OTHER LAW ENFORCEMENT AGENCY REPORT OF A FACTUAL
NATURE  REGARDING THE ARREST OR INVESTIGATION OF THE CHARGES, AND/OR ANY
DESIGNATED AND AVAILABLE ITEMS OR INFORMATION THAT COULD BE OF  MATERIAL
IMPORTANCE TO THE DECISION ON THE GUILTY PLEA OFFER AND WOULD BE DISCOV-
ERABLE  PRIOR  TO  TRIAL UNDER SUBDIVISION ONE OF SECTION 245.20 OF THIS
ARTICLE. THE PROSECUTION SHALL DISCLOSE  THE  REQUESTED  AND  DESIGNATED
ITEMS  OR INFORMATION, AS WELL AS ANY KNOWN INFORMATION THAT TENDS TO BE
EXCULPATORY OR TO SUPPORT A DEFENSE TO A CHARGED OFFENSE, NOT LESS  THAN
SEVEN  CALENDAR  DAYS  PRIOR  TO  THE EXPIRATION DATE OF ANY GUILTY PLEA
OFFER BY THE PROSECUTION OR ANY DEADLINE IMPOSED  BY  THE  COURT  FOR  A
GUILTY  PLEA.  IF  THE PROSECUTION DOES NOT COMPLY WITH A PROPER REQUEST
MADE PURSUANT TO THIS SUBDIVISION, THE GUILTY PLEA OFFER MAY  BE  DEEMED
AVAILABLE  TO  THE  DEFENDANT UNTIL SEVEN CALENDAR DAYS AFTER THE PROSE-
CUTION HAS MADE THE DISCLOSURE OR THE COURT MAY TAKE  OTHER  APPROPRIATE
ACTION AS NECESSARY TO ADDRESS THE NON-COMPLIANCE. THE INSPECTION RIGHTS
UNDER THIS SUBDIVISION DO NOT APPLY TO ITEMS OR INFORMATION THAT ARE THE
SUBJECT  OF A PROTECTIVE ORDER UNDER SECTION 245.70 OF THIS ARTICLE; BUT
IF SUCH INFORMATION TENDS TO BE EXCULPATORY, THE COURT SHALL  RECONSIDER
THE  PROTECTIVE ORDER. THE COURT MAY DENY AN INSPECTION RIGHT UNDER THIS
SUBDIVISION  WHEN  A REASONABLE PERSON IN THE DEFENDANT'S POSITION WOULD
NOT CONSIDER THE REQUESTED AND DESIGNATED ITEM OR INFORMATION TO  BE  OF
MATERIAL  IMPORTANCE TO THE DECISION ON THE GUILTY PLEA OFFER. A DEFEND-
ANT MAY WAIVE HIS OR HER RIGHTS UNDER THIS  SUBDIVISION,  BUT  A  GUILTY
PLEA OFFER MAY NOT BE CONDITIONED ON SUCH WAIVER.
§ 245.30 COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY.
  1.  ORDER  TO  PRESERVE  EVIDENCE. AT ANY TIME, A PARTY MAY MOVE FOR A
COURT ORDER TO ANY INDIVIDUAL, AGENCY OR  OTHER  ENTITY  IN  POSSESSION,
CUSTODY  OR  CONTROL  OF ITEMS WHICH RELATE TO THE SUBJECT MATTER OF THE
CASE OR ARE OTHERWISE RELEVANT, REQUIRING THAT SUCH ITEMS  BE  PRESERVED
FOR  A SPECIFIED PERIOD OF TIME. THE COURT SHALL HEAR AND RULE UPON SUCH
MOTIONS EXPEDITIOUSLY. THE  COURT MAY MODIFY OR  VACATE  SUCH  AN  ORDER
UPON  A  SHOWING  THAT  PRESERVATION  OF PARTICULAR EVIDENCE WILL CREATE
SIGNIFICANT HARDSHIP, ON CONDITION THAT  THE  PROBATIVE  VALUE  OF  THAT
EVIDENCE IS PRESERVED BY A SPECIFIED ALTERNATIVE MEANS.
  2.  ORDER  TO GRANT ACCESS TO PREMISES. AT ANY TIME, THE DEFENDANT MAY
MOVE FOR A COURT ORDER TO ANY INDIVIDUAL,  AGENCY  OR  OTHER  ENTITY  IN
POSSESSION,  CUSTODY  OR CONTROL OF A CRIME SCENE OR OTHER PREMISES THAT
RELATES TO THE SUBJECT MATTER OF THE  CASE  OR  IS  OTHERWISE  RELEVANT,
REQUIRING  THAT  COUNSEL FOR THE DEFENDANT BE GRANTED PROMPT AND REASON-
ABLE ACCESS TO INSPECT, PHOTOGRAPH OR MEASURE SUCH CRIME SCENE OR  PREM-
ISES,  AND  THAT  THE  CONDITION  OF  THE CRIME SCENE OR PREMISES REMAIN
UNCHANGED IN THE INTERIM. THE  COURT  SHALL  HEAR  AND  RULE  UPON  SUCH
MOTIONS  EXPEDITIOUSLY.    THE  COURT MAY MODIFY OR VACATE SUCH AN ORDER
UPON A SHOWING THAT GRANTING ACCESS TO A PARTICULAR CRIME SCENE OR PREM-

A. 4360--A                          8

ISES WILL CREATE SIGNIFICANT HARDSHIP, ON CONDITION THAT THE   PROBATIVE
VALUE OF SUCH LOCATION IS PRESERVED BY A SPECIFIED ALTERNATIVE MEANS.
  3.  DISCRETIONARY  DISCOVERY  BY  ORDER OF THE COURT. THE COURT IN ITS
DISCRETION MAY, UPON A SHOWING BY THE  DEFENDANT  THAT  THE  REQUEST  IS
REASONABLE  AND  THAT  THE DEFENDANT IS UNABLE WITHOUT UNDUE HARDSHIP TO
OBTAIN THE SUBSTANTIAL EQUIVALENT BY OTHER MEANS, ORDER THE PROSECUTION,
OR ANY INDIVIDUAL, AGENCY OR OTHER ENTITY SUBJECT TO THE JURISDICTION OF
THE COURT, TO MAKE AVAILABLE FOR DISCLOSURE TO THE DEFENDANT ANY MATERI-
AL OR INFORMATION WHICH POTENTIALLY RELATES TO THE SUBJECT MATTER OF THE
CASE AND IS REASONABLY LIKELY TO BE MATERIAL. A MOTION UNDER THIS SUBDI-
VISION MUST  BE ON NOTICE TO ANY PERSON OR ENTITY AFFECTED BY THE ORDER.
THE COURT MAY, UPON REQUEST OF ANY PERSON  OR  ENTITY  AFFECTED  BY  THE
ORDER, MODIFY OR VACATE THE ORDER IF COMPLIANCE WOULD BE UNREASONABLE OR
WILL  CREATE  SIGNIFICANT HARDSHIP. THE COURT MAY PERMIT A PARTY SEEKING
OR OPPOSING A DISCRETIONARY ORDER OF DISCOVERY UNDER  THIS  SUBDIVISION,
OR ANOTHER AFFECTED PERSON OR ENTITY, TO SUBMIT PAPERS OR TESTIFY ON THE
RECORD  EX  PARTE OR IN CAMERA. ANY SUCH PAPERS AND A TRANSCRIPT OF SUCH
TESTIMONY MAY BE SEALED AND SHALL CONSTITUTE A PART  OF  THE  RECORD  ON
APPEAL.
§ 245.35 COURT ORDERED PROCEDURES TO FACILITATE COMPLIANCE.
  TO  FACILITATE  COMPLIANCE WITH THIS ARTICLE, AND TO REDUCE OR STREAM-
LINE LITIGATION OF ANY  DISPUTES  ABOUT  DISCOVERY,  THE  COURT  IN  ITS
DISCRETION MAY ISSUE AN ORDER:
  1.  REQUIRING  THAT THE PROSECUTOR AND COUNSEL FOR THE DEFENDANT DILI-
GENTLY CONFER TO ATTEMPT TO REACH AN ACCOMMODATION  AS  TO  ANY  DISPUTE
CONCERNING DISCOVERY PRIOR TO SEEKING A RULING FROM THE COURT;
  2.  REQUIRING  A  DISCOVERY  COMPLIANCE CONFERENCE AT A SPECIFIED TIME
PRIOR TO TRIAL BETWEEN THE PROSECUTOR, COUNSEL FOR ALL  DEFENDANTS,  AND
THE COURT OR ITS STAFF;
  3.  REQUIRING  THE  PROSECUTION  TO  FILE AN ADDITIONAL CERTIFICATE OF
COMPLIANCE THAT STATES THAT  THE PROSECUTOR AND/OR AN APPROPRIATE  NAMED
AGENT  HAS  MADE  REASONABLE  INQUIRIES OF ALL POLICE OFFICERS AND OTHER
PERSONS WHO HAVE PARTICIPATED IN INVESTIGATING OR  EVALUATING  THE  CASE
ABOUT  THE  EXISTENCE  OF  ANY  FAVORABLE EVIDENCE OR INFORMATION WITHIN
PARAGRAPH (K) OF SUBDIVISION ONE OF  SECTION  245.20  OF  THIS  ARTICLE,
INCLUDING  SUCH  EVIDENCE OR INFORMATION THAT WAS NOT REDUCED TO WRITING
OR OTHERWISE MEMORIALIZED OR PRESERVED AS EVIDENCE,  AND  HAS  DISCLOSED
ANY SUCH  INFORMATION TO THE DEFENDANT; AND/OR
  4.  REQUIRING  OTHER  MEASURES  OR  PROCEEDINGS DESIGNED TO CARRY INTO
EFFECT THE GOALS OF THIS ARTICLE.
§ 245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
  1. AVAILABILITY. AFTER THE FILING OF  AN  ACCUSATORY  INSTRUMENT,  AND
SUBJECT  TO  CONSTITUTIONAL   LIMITATIONS, THE COURT MAY, UPON MOTION OF
THE PROSECUTION SHOWING PROBABLE CAUSE  TO  BELIEVE  THE  DEFENDANT  HAS
COMMITTED  THE CRIME, A CLEAR INDICATION THAT RELEVANT MATERIAL EVIDENCE
WILL BE FOUND, AND THAT THE METHOD USED TO SECURE SUCH EVIDENCE IS  SAFE
AND  RELIABLE, REQUIRE A DEFENDANT  TO PROVIDE NON-TESTIMONIAL EVIDENCE,
INCLUDING TO:
  (A) APPEAR IN A LINEUP;
  (B) SPEAK FOR IDENTIFICATION BY A WITNESS OR POTENTIAL WITNESS;
  (C) BE FINGERPRINTED;
  (D) POSE FOR PHOTOGRAPHS NOT INVOLVING REENACTMENT OF AN EVENT;
  (E) PERMIT THE TAKING OF SAMPLES OF THE DEFENDANT'S BLOOD,  HAIR,  AND
OTHER  MATERIALS  OF  THE DEFENDANT'S BODY THAT INVOLVES NO UNREASONABLE
INTRUSION THEREOF;
  (F) PROVIDE SPECIMENS OF THE DEFENDANT'S HANDWRITING; AND

A. 4360--A                          9

  (G) SUBMIT TO A REASONABLE  PHYSICAL  OR  MEDICAL  INSPECTION  OF  THE
DEFENDANT'S BODY.
  2. LIMITATIONS. THIS SECTION SHALL NOT BE CONSTRUED TO ALTER OR IN ANY
WAY  AFFECT  THE ISSUANCE OF A SIMILAR COURT ORDER, AS MAY BE AUTHORIZED
BY LAW, BEFORE THE FILING OF AN ACCUSATORY INSTRUMENT,  CONSISTENT  WITH
SUCH  RIGHTS  AS THE DEFENDANT MAY DERIVE FROM THE STATE CONSTITUTION OR
THE UNITED STATES CONSTITUTION. THIS SECTION SHALL NOT BE  CONSTRUED  TO
ALTER  OR  IN ANY WAY AFFECT THE ADMINISTRATION OF A CHEMICAL TEST WHERE
OTHERWISE AUTHORIZED. AN ORDER PURSUANT TO THIS SECTION  MAY BE  DENIED,
LIMITED OR CONDITIONED AS PROVIDED IN SECTION 245.70 OF THIS ARTICLE.
§ 245.45 DNA COMPARISON ORDER.
  WHERE  PROPERTY  IN  THE PROSECUTION'S POSSESSION, CUSTODY, OR CONTROL
CONSISTS OF A   DEOXYRIBONUCLEIC  ACID  ("DNA")  PROFILE  OBTAINED  FROM
PROBATIVE  BIOLOGICAL  MATERIAL GATHERED IN CONNECTION WITH THE INVESTI-
GATION OF THE CRIME, OR THE DEFENDANT, OR THE PROSECUTION OF THE DEFEND-
ANT, AND THE DEFENDANT ESTABLISHES (A) THAT SUCH PROFILE  COMPLIES  WITH
FEDERAL  BUREAU  OF  INVESTIGATION  OR STATE REQUIREMENTS, WHICHEVER ARE
APPLICABLE AND AS SUCH REQUIREMENTS ARE APPLIED TO LAW ENFORCEMENT AGEN-
CIES SEEKING A KEYBOARD SEARCH OR SIMILAR COMPARISON, AND (B)  THAT  THE
DATA MEETS STATE DNA INDEX  SYSTEM OR NATIONAL DNA INDEX SYSTEM CRITERIA
AS  SUCH CRITERIA ARE APPLIED TO LAW ENFORCEMENT AGENCIES SEEKING SUCH A
KEYBOARD SEARCH OR SIMILAR COMPARISON, THE COURT MAY, UPON MOTION  OF  A
DEFENDANT  AGAINST  WHOM  AN  INDICTMENT,  SUPERIOR  COURT  INFORMATION,
PROSECUTOR'S INFORMATION,  INFORMATION,  OR  SIMPLIFIED  INFORMATION  IS
PENDING,  ORDER  AN  ENTITY  THAT  HAS  ACCESS TO THE COMBINED DNA INDEX
SYSTEM OR ITS SUCCESSOR SYSTEM TO COMPARE SUCH DNA PROFILE  AGAINST  DNA
DATABANKS    BY  KEYBOARD  SEARCHES,  OR  A SIMILAR METHOD THAT DOES NOT
INVOLVE UPLOADING, UPON NOTICE TO BOTH PARTIES AND THE  ENTITY  REQUIRED
TO  PERFORM  THE  SEARCH,  UPON  A  SHOWING BY THE DEFENDANT THAT SUCH A
COMPARISON IS MATERIAL TO THE PRESENTATION OF HIS  OR  HER  DEFENSE  AND
THAT  THE  REQUEST  IS  REASONABLE.    FOR  PURPOSES  OF THIS SECTION, A
"KEYBOARD SEARCH" SHALL MEAN A SEARCH OF A  DNA  PROFILE  AGAINST    THE
DATABANK  IN  WHICH  THE  PROFILE THAT IS SEARCHED IS NOT UPLOADED TO OR
MAINTAINED IN THE  DATABANK.
§ 245.50 CERTIFICATES OF COMPLIANCE.
  1. BY THE PROSECUTION. WHEN THE PROSECUTION HAS PROVIDED THE DISCOVERY
REQUIRED BY SUBDIVISION ONE OF SECTION 245.20 OF  THIS  ARTICLE,  EXCEPT
FOR  ANY  ITEMS OR INFORMATION THAT ARE THE SUBJECT OF AN ORDER PURSUANT
TO SECTION 245.70 OF THIS ARTICLE, IT SHALL SERVE UPON THE DEFENDANT AND
FILE WITH THE COURT A CERTIFICATE  OF  COMPLIANCE.  THE  CERTIFICATE  OF
COMPLIANCE  SHALL  STATE THAT, AFTER EXERCISING DUE DILIGENCE AND MAKING
REASONABLE INQUIRIES TO ASCERTAIN THE EXISTENCE OF MATERIAL  AND  INFOR-
MATION  SUBJECT  TO  DISCOVERY,  THE  PROSECUTOR  HAS DISCLOSED AND MADE
AVAILABLE ALL KNOWN MATERIAL AND INFORMATION SUBJECT  TO  DISCOVERY.  IT
SHALL  ALSO  IDENTIFY  THE  ITEMS  PROVIDED.  IF ADDITIONAL DISCOVERY IS
SUBSEQUENTLY PROVIDED PRIOR TO TRIAL PURSUANT TO SECTION 245.60 OF  THIS
ARTICLE,  A  SUPPLEMENTAL CERTIFICATE SHALL BE SERVED UPON THE DEFENDANT
AND FILED WITH THE COURT  IDENTIFYING THE ADDITIONAL MATERIAL AND INFOR-
MATION PROVIDED. NO ADVERSE CONSEQUENCE TO THE PROSECUTION OR THE PROSE-
CUTOR SHALL RESULT FROM THE FILING OF A  CERTIFICATE  OF  COMPLIANCE  IN
GOOD   FAITH; BUT THE COURT MAY GRANT A REMEDY OR SANCTION FOR A DISCOV-
ERY VIOLATION AS PROVIDED IN SECTION 245.80 OF THIS ARTICLE.
  2. BY THE DEFENDANT. WHEN THE DEFENDANT  HAS  PROVIDED  ALL  DISCOVERY
REQUIRED  BY  SUBDIVISION FOUR OF SECTION 245.20 OF THIS ARTICLE, EXCEPT
FOR ANY ITEMS OR INFORMATION THAT ARE THE SUBJECT OF AN  ORDER  PURSUANT
TO SECTION 245.70 OF THIS ARTICLE, COUNSEL FOR THE DEFENDANT SHALL SERVE

A. 4360--A                         10

UPON  THE  PROSECUTION  AND FILE WITH THE COURT A CERTIFICATE OF COMPLI-
ANCE.  THE CERTIFICATE SHALL STATE THAT, AFTER EXERCISING DUE  DILIGENCE
AND  MAKING  REASONABLE INQUIRIES TO ASCERTAIN THE EXISTENCE OF MATERIAL
AND  INFORMATION  SUBJECT  TO  DISCOVERY,  COUNSEL FOR THE DEFENDANT HAS
DISCLOSED AND MADE AVAILABLE ALL KNOWN MATERIAL AND INFORMATION  SUBJECT
TO  DISCOVERY.  IT SHALL ALSO IDENTIFY THE ITEMS PROVIDED. IF ADDITIONAL
DISCOVERY IS SUBSEQUENTLY PROVIDED PRIOR TO TRIAL  PURSUANT  TO  SECTION
245.60  OF THIS ARTICLE, A SUPPLEMENTAL CERTIFICATE SHALL BE SERVED UPON
THE PROSECUTION AND FILED   WITH THE COURT  IDENTIFYING  THE  ADDITIONAL
MATERIAL  AND  INFORMATION  PROVIDED.  NO  ADVERSE    CONSEQUENCE TO THE
DEFENDANT OR COUNSEL FOR THE DEFENDANT SHALL RESULT FROM THE FILING OF A
CERTIFICATE OF COMPLIANCE IN GOOD FAITH; BUT THE COURT MAY GRANT A REME-
DY OR SANCTION FOR A DISCOVERY VIOLATION AS PROVIDED IN  SECTION  245.80
OF THIS ARTICLE.
§ 245.55 FLOW OF INFORMATION.
  1.  SUFFICIENT COMMUNICATION FOR COMPLIANCE. THE DISTRICT ATTORNEY AND
THE ASSISTANT RESPONSIBLE FOR THE CASE, OR, IF THE MATTER IS  NOT  BEING
PROSECUTED  BY  THE  DISTRICT  ATTORNEY,  THE PROSECUTING AGENCY AND ITS
ASSIGNED REPRESENTATIVE, SHALL ENDEAVOR TO ENSURE THAT A FLOW OF  INFOR-
MATION  IS MAINTAINED BETWEEN THE POLICE AND OTHER INVESTIGATIVE PERSON-
NEL AND HIS OR  HER  OFFICE  SUFFICIENT  TO  PLACE  WITHIN  HIS  OR  HER
POSSESSION  OR  CONTROL  ALL  MATERIAL  AND INFORMATION PERTINENT TO THE
DEFENDANT AND THE OFFENSE OR OFFENSES CHARGED, INCLUDING, BUT NOT LIMIT-
ED TO, ANY EVIDENCE OR INFORMATION DISCOVERABLE UNDER PARAGRAPH  (K)  OF
SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE.
  2.  PROVISION OF LAW ENFORCEMENT AGENCY FILES. ABSENT A COURT ORDER OR
CLEAR SECURITY REQUIREMENT, UPON REQUEST BY THE PROSECUTION, A NEW  YORK
STATE  LAW  ENFORCEMENT AGENCY SHALL MAKE AVAILABLE TO THE PROSECUTION A
COMPLETE COPY OF ITS COMPLETE FILES RELATED TO THE INVESTIGATION OF  THE
CASE  OR THE PROSECUTION OF THE DEFENDANT FOR COMPLIANCE WITH THIS ARTI-
CLE.
  3.  911  TELEPHONE  CALL  AND  POLICE  RADIO  TRANSMISSION  ELECTRONIC
RECORDINGS,   POLICE  WORN  BODY  CAMERA  RECORDINGS  AND  OTHER  POLICE
RECORDINGS.  (A) WHENEVER AN ELECTRONIC RECORDING  OF  A  911  TELEPHONE
CALL  OR  A  POLICE  RADIO TRANSMISSION OR VIDEO OR AUDIO FOOTAGE FROM A
POLICE BODY-WORN CAMERA OR OTHER POLICE RECORDING WAS MADE  OR  RECEIVED
IN   CONNECTION WITH THE INVESTIGATION OF AN APPARENT CRIMINAL INCIDENT,
THE ARRESTING OFFICER OR LEAD  DETECTIVE SHALL EXPEDITIOUSLY NOTIFY  THE
PROSECUTION  IN  WRITING  UPON THE FILING OF AN ACCUSATORY INSTRUMENT OF
THE EXISTENCE OF ALL SUCH KNOWN RECORDINGS. THE PROSECUTION SHALL  EXPE-
DITIOUSLY  TAKE  WHATEVER  REASONABLE STEPS ARE NECESSARY TO ENSURE THAT
ALL KNOWN ELECTRONIC RECORDINGS OF 911  TELEPHONE  CALLS,  POLICE  RADIO
TRANSMISSIONS  AND  VIDEO  AND AUDIO FOOTAGE AND OTHER POLICE RECORDINGS
MADE OR AVAILABLE IN CONNECTION WITH THE CASE ARE  PRESERVED  THROUGHOUT
THE PENDENCY OF THE CASE. UPON THE DEFENDANT'S TIMELY REQUEST AND DESIG-
NATION  OF  A SPECIFIC ELECTRONIC RECORDING OF A 911 TELEPHONE CALL, THE
PROSECUTION SHALL ALSO  EXPEDITIOUSLY TAKE WHATEVER REASONABLE STEPS ARE
NECESSARY TO ENSURE THAT IT IS PRESERVED THROUGHOUT THE PENDENCY OF  THE
CASE.
  (B)  IF THE PROSECUTION FAILS TO DISCLOSE SUCH AN ELECTRONIC RECORDING
TO THE DEFENDANT PURSUANT TO PARAGRAPH (E), (G) OR  (K)  OF  SUBDIVISION
ONE  OF  SECTION  245.20 OF THIS ARTICLE DUE TO A FAILURE TO COMPLY WITH
THIS OBLIGATION BY POLICE OFFICERS OR OTHER LAW  ENFORCEMENT  OR  PROSE-
CUTION PERSONNEL, THE COURT UPON MOTION OF THE DEFENDANT SHALL IMPOSE AN
APPROPRIATE  REMEDY OR SANCTION PURSUANT TO SECTION 245.80 OF THIS ARTI-
CLE.

A. 4360--A                         11

§ 245.60 CONTINUING DUTY TO DISCLOSE.
  IF  EITHER  THE  PROSECUTION  OR  THE DEFENDANT SUBSEQUENTLY LEARNS OF
ADDITIONAL MATERIAL OR INFORMATION WHICH IT WOULD HAVE BEEN UNDER A DUTY
TO DISCLOSE PURSUANT TO ANY PROVISIONS OF THIS ARTICLE AT THE TIME OF  A
PREVIOUS DISCOVERY OBLIGATION OR DISCOVERY ORDER, IT SHALL EXPEDITIOUSLY
NOTIFY  THE OTHER PARTY AND DISCLOSE THE ADDITIONAL MATERIAL OR INFORMA-
TION  AS  REQUIRED  FOR  INITIAL  DISCOVERY  UNDER  THIS  ARTICLE.  THIS
PROVISION  ALSO  REQUIRES  EXPEDITIOUS  DISCLOSURE BY THE PROSECUTION OF
MATERIAL OR INFORMATION THAT BECAME RELEVANT TO THE CASE OR DISCOVERABLE
BASED  UPON RECIPROCAL DISCOVERY RECEIVED FROM THE DEFENDANT PURSUANT TO
SUBDIVISION FOUR OF SECTION 245.20 OF THIS ARTICLE.
§ 245.65 WORK PRODUCT.
  THIS ARTICLE DOES NOT AUTHORIZE DISCOVERY BY A PARTY OF THOSE PORTIONS
OF RECORDS, REPORTS, CORRESPONDENCE, MEMORANDA, OR INTERNAL DOCUMENTS OF
THE ADVERSE PARTY WHICH ARE ONLY THE LEGAL RESEARCH, OPINIONS,  THEORIES
OR  CONCLUSIONS  OF  THE ADVERSE PARTY OR ITS ATTORNEY OR THE ATTORNEY'S
AGENTS, OR OF STATEMENTS OF A DEFENDANT, WRITTEN OR RECORDED  OR  SUMMA-
RIZED  IN ANY WRITING OR RECORDING, MADE TO THE ATTORNEY FOR THE DEFEND-
ANT OR THE ATTORNEY'S AGENTS.
§ 245.70 PROTECTIVE ORDERS.
  1. ANY DISCOVERY SUBJECT TO PROTECTIVE ORDER. UPON A SHOWING  OF  GOOD
CAUSE BY EITHER PARTY, THE COURT MAY AT ANY TIME ORDER THAT DISCOVERY OR
INSPECTION  OF ANY KIND OF MATERIAL OR INFORMATION UNDER THIS ARTICLE BE
DENIED, RESTRICTED, CONDITIONED OR DEFERRED, OR MAKE SUCH OTHER ORDER AS
IS APPROPRIATE. THE COURT MAY IMPOSE AS A CONDITION ON  DISCOVERY  TO  A
DEFENDANT THAT THE MATERIAL OR INFORMATION TO BE DISCOVERED BE AVAILABLE
ONLY  TO COUNSEL FOR THE DEFENDANT; OR,  ALTERNATIVELY, THAT COUNSEL FOR
THE DEFENDANT, AND PERSONS EMPLOYED BY THE ATTORNEY OR APPOINTED BY  THE
COURT  TO  ASSIST  IN  THE  PREPARATION  OF  A DEFENDANT'S CASE, MAY NOT
DISCLOSE PHYSICAL COPIES OF THE DISCOVERABLE DOCUMENTS TO A DEFENDANT OR
TO ANYONE ELSE, PROVIDED THAT  THE  PROSECUTION  AFFORDS  THE  DEFENDANT
ACCESS  TO  INSPECT  REDACTED  COPIES OF THE DISCOVERABLE DOCUMENTS AT A
SUPERVISED LOCATION THAT PROVIDES REGULAR AND REASONABLE HOURS FOR  SUCH
ACCESS,  SUCH  AS  A  PROSECUTOR'S  OFFICE,  POLICE STATION, FACILITY OF
DETENTION, OR COURT. THE COURT MAY PERMIT A PARTY  SEEKING OR OPPOSING A
PROTECTIVE ORDER UNDER THIS SECTION,  OR  ANOTHER  AFFECTED  PERSON,  TO
SUBMIT  PAPERS  OR TESTIFY ON THE RECORD EX PARTE OR IN CAMERA. ANY SUCH
PAPERS AND A TRANSCRIPT OF  SUCH  TESTIMONY  MAY  BE  SEALED  AND  SHALL
CONSTITUTE  A PART OF THE RECORD ON APPEAL. THIS SECTION DOES NOT  ALTER
THE ALLOCATION OF THE BURDEN OF PROOF WITH REGARD TO MATTERS  AT  ISSUE,
INCLUDING PRIVILEGE.
  2.  MODIFICATION OF TIME PERIODS FOR DISCOVERY. UPON MOTION OF A PARTY
IN AN INDIVIDUAL  CASE, THE COURT MAY ALTER THE TIME PERIODS FOR DISCOV-
ERY IMPOSED BY THIS ARTICLE UPON A SHOWING OF GOOD CAUSE.
  3. PROMPT HEARING. UPON REQUEST FOR  A  PROTECTIVE  ORDER,  THE  COURT
SHALL  CONDUCT  AN  APPROPRIATE  HEARING  WITHIN  THREE BUSINESS DAYS TO
DETERMINE WHETHER GOOD CAUSE HAS BEEN SHOWN AND WHEN  PRACTICABLE  SHALL
RENDER  DECISION EXPEDITIOUSLY. ANY MATERIALS SUBMITTED AND A TRANSCRIPT
OF THE PROCEEDING MAY BE SEALED AND  SHALL  CONSTITUTE  A  PART  OF  THE
RECORD ON APPEAL.
  4.  SHOWING  OF GOOD CAUSE. GOOD CAUSE UNDER THIS SECTION MAY INCLUDE:
CONSTITUTIONAL  RIGHTS OR LIMITATIONS; DANGER TO THE INTEGRITY OF  PHYS-
ICAL  EVIDENCE;  A  SUBSTANTIAL  RISK  OF PHYSICAL   HARM, INTIMIDATION,
ECONOMIC REPRISAL, BRIBERY OR UNJUSTIFIED ANNOYANCE OR EMBARRASSMENT  TO
ANY  PERSON; A SUBSTANTIAL RISK OF AN ADVERSE EFFECT UPON THE LEGITIMATE
NEEDS OF LAW ENFORCEMENT,  INCLUDING THE PROTECTION OF THE CONFIDENTIAL-

A. 4360--A                         12

ITY OF INFORMANTS; DANGER TO ANY PERSON STEMMING FROM FACTORS SUCH AS  A
DEFENDANT'S   GANG   AFFILIATION,  PRIOR  HISTORY  OF  INTERFERING  WITH
WITNESSES, OR THREATS OR  INTIMIDATING  ACTIONS  DIRECTED  AT  POTENTIAL
WITNESSES;  OR  OTHER SIMILAR FACTORS THAT ALSO  OUTWEIGH THE USEFULNESS
OF THE DISCOVERY.
  5. SUCCESSOR COUNSEL OR PRO SE DEFENDANT. IN CASES IN WHICH THE ATTOR-
NEY-CLIENT  RELATIONSHIP IS TERMINATED PRIOR TO TRIAL  FOR  ANY  REASON,
ANY MATERIAL OR INFORMATION DISCLOSED  SUBJECT TO A CONDITION THAT IT BE
AVAILABLE ONLY TO COUNSEL FOR THE DEFENDANT, OR LIMITED IN DISSEMINATION
BY  PROTECTIVE  ORDER  OR OTHERWISE, SHALL BE PROVIDED ONLY TO SUCCESSOR
COUNSEL FOR THE DEFENDANT UNDER THE SAME CONDITION OR CONDITIONS  OR  BE
RETURNED  TO  THE PROSECUTION, UNLESS THE COURT RULES OTHERWISE FOR GOOD
CAUSE SHOWN OR THE PROSECUTOR GIVES WRITTEN CONSENT.  ANY  WORK  PRODUCT
DERIVED  FROM  SUCH MATERIAL OR INFORMATION SHALL NOT BE PROVIDED TO THE
DEFENDANT, UNLESS THE COURT RULES  OTHERWISE  OR  THE  PROSECUTOR  GIVES
WRITTEN CONSENT. IF THE DEFENDANT IS ACTING AS HIS  OR HER OWN ATTORNEY,
THE  COURT  MAY  REGULATE  THE  TIME,  PLACE AND MANNER OF ACCESS TO ANY
DISCOVERABLE MATERIAL OR INFORMATION; AND IT MAY AS APPROPRIATE  APPOINT
PERSONS  TO  ASSIST THE DEFENDANT IN THE INVESTIGATION OR PREPARATION OF
THE CASE. UPON MOTION OR APPLICATION OF A DEFENDANT ACTING AS HIS OR HER
OWN ATTORNEY, THE COURT MAY AT ANY TIME MODIFY OR VACATE  ANY  CONDITION
OR  RESTRICTION  RELATING TO ACCESS TO DISCOVERABLE MATERIAL OR INFORMA-
TION, FOR GOOD CAUSE  SHOWN.
  6. EXPEDITED REVIEW OF ADVERSE RULING. (A) A PARTY THAT HAS UNSUCCESS-
FULLY SOUGHT, OR UNSUCCESSFULLY OPPOSED THE GRANTING  OF,  A  PROTECTIVE
ORDER UNDER THIS SECTION RELATING TO THE NAME, ADDRESS, CONTACT INFORMA-
TION  OR  STATEMENTS  OF  A  PERSON  MAY OBTAIN EXPEDITED REVIEW OF THAT
RULING BY AN INDIVIDUAL JUSTICE OF THE INTERMEDIATE APPELLATE  COURT  TO
WHICH  AN  APPEAL  FROM  A  JUDGMENT  OF CONVICTION IN THE CASE WOULD BE
TAKEN.
  (B) SUCH REVIEW SHALL BE  SOUGHT  WITHIN  TWO  BUSINESS  DAYS  OF  THE
ADVERSE  OR  PARTIALLY ADVERSE RULING, BY ORDER TO SHOW CAUSE FILED WITH
THE INTERMEDIATE APPELLATE COURT. THE ORDER TO SHOW CAUSE SHALL IN ADDI-
TION BE TIMELY SERVED ON THE LOWER COURT AND ON THE OPPOSING PARTY,  AND
SHALL  BE  ACCOMPANIED  BY A SWORN AFFIRMATION STATING IN GOOD FAITH (I)
THAT THE RULING AFFECTS  SUBSTANTIAL INTERESTS, AND (II)  THAT  DILIGENT
EFFORTS  TO  REACH  AN ACCOMMODATION OF THE UNDERLYING DISCOVERY DISPUTE
WITH OPPOSING COUNSEL FAILED OR  THAT  NO  ACCOMMODATION  WAS  FEASIBLE;
EXCEPT  THAT  SERVICE  ON  THE OPPOSING PARTY, AND A STATEMENT REGARDING
EFFORTS TO REACH AN ACCOMMODATION, ARE UNNECESSARY  WHERE  THE  OPPOSING
PARTY  WAS  NOT MADE AWARE OF THE APPLICATION FOR A PROTECTIVE ORDER AND
GOOD CAUSE EXISTS FOR OMITTING SERVICE OF THE ORDER TO SHOW CAUSE ON THE
OPPOSING PARTY. THE LOWER COURT'S  ORDER  SUBJECT  TO  REVIEW  SHALL  BE
STAYED UNTIL THE APPELLATE JUSTICE RENDERS  DECISION.
  (C)  THE  ASSIGNMENT OF THE INDIVIDUAL APPELLATE JUSTICE, AND THE MODE
OF AND PROCEDURE FOR THE REVIEW, ARE DETERMINED BY RULES OF THE INDIVID-
UAL APPELLATE COURTS. THE APPELLATE JUSTICE MAY  CONSIDER  ANY  RELEVANT
AND  RELIABLE  INFORMATION  BEARING  ON THE ISSUE, AND MAY DISPENSE WITH
WRITTEN BRIEFS OTHER THAN SUPPORTING AND OPPOSING  MATERIALS  PREVIOUSLY
SUBMITTED  TO  THE  LOWER COURT. THE APPELLATE JUSTICE MAY DISPENSE WITH
THE ISSUANCE OF A WRITTEN OPINION IN RENDERING HIS OR HER DECISION,  AND
WHEN  PRACTICABLE  SHALL  RENDER DECISION EXPEDITIOUSLY. SUCH REVIEW AND
DECISION SHALL NOT AFFECT THE RIGHT OF  A  DEFENDANT,  IN  A  SUBSEQUENT
APPEAL  FROM  A  JUDGMENT  OF  CONVICTION,  TO CLAIM AS ERROR THE RULING
REVIEWED.

A. 4360--A                         13

  7. COMPLIANCE WITH PROTECTIVE ORDER. ANY PROTECTIVE ORDER ISSUED UNDER
THIS ARTICLE IS A MANDATE OF THE COURT FOR PURPOSES OF  THE  OFFENSE  OF
CRIMINAL  CONTEMPT  IN  SUBDIVISION THREE OF SECTION 215.50 OF THE PENAL
LAW.
§ 245.75 WAIVER OF DISCOVERY BY DEFENDANT.
  A  DEFENDANT  WHO  DOES  NOT SEEK DISCOVERY FROM THE PROSECUTION UNDER
THIS ARTICLE SHALL SO   NOTIFY THE PROSECUTION  AND  THE  COURT  AT  THE
DEFENDANT'S  ARRAIGNMENT  ON  AN INDICTMENT, SUPERIOR COURT INFORMATION,
PROSECUTOR'S INFORMATION, INFORMATION,  OR  SIMPLIFIED  INFORMATION,  OR
EXPEDITIOUSLY  THEREAFTER BUT BEFORE RECEIVING DISCOVERY FROM THE PROSE-
CUTION PURSUANT TO  SUBDIVISION ONE OF SECTION 245.20 OF  THIS  ARTICLE,
AND THE DEFENDANT NEED NOT PROVIDE DISCOVERY TO THE PROSECUTION PURSUANT
TO  SUBDIVISION  FOUR OF SECTION 245.20 AND SECTION 245.60 OF THIS ARTI-
CLE.  A WAIVER SHALL BE IN WRITING AND SIGNED BY THE DEFENDANT AND COUN-
SEL FOR THE DEFENDANT. SUCH A   WAIVER DOES NOT  ALTER  OR  IN  ANY  WAY
AFFECT  THE  PROCEDURES,  OBLIGATIONS  OR  RIGHTS  SET FORTH IN SECTIONS
250.10, 250.20 AND 250.30 OF THIS TITLE,  OR  OTHERWISE  ESTABLISHED  OR
REQUIRED  BY LAW.  THE PROSECUTION MAY NOT CONDITION A GUILTY PLEA OFFER
ON THE DEFENDANT'S EXECUTION OF A WAIVER UNDER THIS SECTION.
§ 245.80 REMEDIES OR SANCTIONS FOR NON-COMPLIANCE.
  1. NEED FOR REMEDY OR SANCTION. (A) WHEN MATERIAL  OR  INFORMATION  IS
DISCOVERABLE  UNDER  THIS  ARTICLE BUT IS DISCLOSED BELATEDLY, THE COURT
SHALL IMPOSE AN APPROPRIATE REMEDY OR SANCTION IF THE PARTY ENTITLED  TO
DISCLOSURE  SHOWS  THAT  IT  WAS  PREJUDICED. REGARDLESS OF A SHOWING OF
PREJUDICE THE PARTY ENTITLED TO DISCLOSURE  SHALL  BE  GIVEN  REASONABLE
TIME TO PREPARE AND RESPOND TO THE NEW MATERIAL.
  (B)  WHEN  MATERIAL  OR INFORMATION IS DISCOVERABLE UNDER THIS ARTICLE
BUT CANNOT BE DISCLOSED BECAUSE IT HAS BEEN LOST OR DESTROYED, THE COURT
SHALL IMPOSE AN APPROPRIATE REMEDY OR SANCTION IF THE PARTY ENTITLED  TO
DISCLOSURE  SHOWS THAT THE LOST OR DESTROYED MATERIAL MAY HAVE CONTAINED
SOME INFORMATION RELEVANT TO A CONTESTED ISSUE. THE  APPROPRIATE  REMEDY
OR  SANCTION  IS    THAT WHICH IS PROPORTIONATE TO THE POTENTIAL WAYS IN
WHICH THE LOST OR DESTROYED MATERIAL  REASONABLY COULD HAVE BEEN HELPFUL
TO THE PARTY ENTITLED TO DISCLOSURE.
  2. AVAILABLE REMEDIES OR SANCTIONS. FOR FAILURE  TO  COMPLY  WITH  ANY
DISCOVERY  ORDER  IMPOSED  OR ISSUED PURSUANT TO THIS ARTICLE, THE COURT
MAY MAKE A FURTHER ORDER FOR DISCOVERY, GRANT A CONTINUANCE, ORDER  THAT
A  HEARING  BE  REOPENED,  ORDER  THAT  A WITNESS BE CALLED OR RECALLED,
INSTRUCT THE JURY THAT IT MAY DRAW AN ADVERSE  INFERENCE  REGARDING  THE
NON-COMPLIANCE, PRECLUDE OR STRIKE A WITNESS'S TESTIMONY OR A PORTION OF
A  WITNESS'S  TESTIMONY,  ADMIT OR EXCLUDE EVIDENCE,   ORDER A MISTRIAL,
ORDER THE DISMISSAL OF ALL OR SOME OF THE CHARGES, OR  MAKE  SUCH  OTHER
ORDER AS IT DEEMS JUST UNDER THE CIRCUMSTANCES; EXCEPT THAT ANY SANCTION
AGAINST  THE DEFENDANT SHALL COMPORT WITH THE DEFENDANT'S CONSTITUTIONAL
RIGHT TO PRESENT A DEFENSE, AND  PRECLUDING  A  DEFENSE  WITNESS    FROM
TESTIFYING SHALL BE PERMISSIBLE ONLY UPON A FINDING THAT THE DEFENDANT'S
FAILURE  TO  COMPLY   WITH THE DISCOVERY OBLIGATION OR ORDER WAS WILLFUL
AND MOTIVATED BY A DESIRE TO OBTAIN A TACTICAL  ADVANTAGE.
  3. CONSEQUENCES OF NON-DISCLOSURE OF STATEMENT  OF  TESTIFYING  PROSE-
CUTION WITNESS. THE FAILURE OF THE PROSECUTOR OR ANY AGENT OF THE PROSE-
CUTOR  TO  DISCLOSE  ANY  WRITTEN OR RECORDED STATEMENT MADE BY A PROSE-
CUTION WITNESS WHICH RELATES TO THE  SUBJECT  MATTER  OF  THE  WITNESS'S
TESTIMONY  SHALL  NOT  CONSTITUTE  GROUNDS  FOR ANY COURT TO ORDER A NEW
PRE-TRIAL HEARING OR SET ASIDE  A  CONVICTION,  OR  REVERSE,  MODIFY  OR
VACATE  A  JUDGMENT  OF  CONVICTION,  IN THE ABSENCE OF A SHOWING BY THE
DEFENDANT THAT THERE IS A REASONABLE POSSIBILITY THAT THE NON-DISCLOSURE

A. 4360--A                         14

MATERIALLY CONTRIBUTED TO THE RESULT OF THE TRIAL OR  OTHER  PROCEEDING;
PROVIDED,  HOWEVER,  THAT NOTHING IN THIS  SECTION SHALL AFFECT OR LIMIT
ANY RIGHT THE DEFENDANT MAY HAVE TO A REOPENED  PRE-TRIAL  HEARING  WHEN
SUCH STATEMENTS WERE DISCLOSED BEFORE THE CLOSE OF EVIDENCE AT TRIAL.
§ 245.85 ADMISSIBILITY OF DISCOVERY.
  THE  FACT  THAT  A PARTY HAS INDICATED DURING THE DISCOVERY PROCESS AN
INTENTION TO OFFER SPECIFIED EVIDENCE OR TO CALL A SPECIFIED WITNESS  IS
NOT  ADMISSIBLE  IN EVIDENCE OR GROUNDS FOR ADVERSE COMMENT AT A HEARING
OR A TRIAL.
  § 3. Subdivision 3 of section 610.20 of the criminal procedure law  is
amended and a new subdivision 4 is added to read as follows:
  3.  An attorney for a defendant in a criminal action or proceeding, as
an  officer  of  a  criminal  court, may issue a subpoena of such court,
subscribed by himself, for the attendance in such court of  any  witness
whom the defendant is entitled to call in such action or proceeding.  An
attorney  for  a  defendant  may not issue a subpoena duces tecum of the
court directed to any department, bureau or agency of the state or of  a
political subdivision thereof, or to any officer or representative ther-
eof,  UNLESS THE SUBPOENA IS ENDORSED BY THE COURT AND PROVIDES AT LEAST
THREE DAYS FOR THE PRODUCTION OF THE REQUESTED MATERIALS. IN THE CASE OF
AN EMERGENCY, THE  COURT  MAY  BY  ORDER  DISPENSE  WITH  THE  THREE-DAY
PRODUCTION  PERIOD.  Such a subpoena duces tecum may be issued in behalf
of a defendant upon order of a court pursuant to the rules applicable to
civil cases as provided in section twenty-three  hundred  seven  of  the
civil practice law and rules.
  4.  THE SHOWING REQUIRED TO SUSTAIN ANY SUBPOENA UNDER THIS SECTION IS
THAT THE  TESTIMONY OR EVIDENCE SOUGHT IS REASONABLY LIKELY TO BE  RELE-
VANT AND MATERIAL TO THE  PROCEEDINGS, AND THE SUBPOENA IS NOT OVERBROAD
OR UNREASONABLY BURDENSOME.
  §  4. Section 65.20 of the criminal procedure law, as added by chapter
505 of the laws of 1985, subdivision 2 as added, the  opening  paragraph
of  subdivision  10 as amended and subdivisions 3, 4, 5, 6, 7, 8, 9, 10,
11, 12 and 13 as renumbered by chapter 548 of the laws of 2007, subdivi-
sion 7 and paragraph (k) of subdivision 10 as amended by chapter 320  of
the laws of 2006 and subdivisions 11 and 12 as amended by chapter 455 of
the laws of 1991, is amended to read as follows:
§ 65.20 Closed-circuit television; procedure for application and grounds
            for determination.
  1.  Prior  to  the commencement of a criminal proceeding; other than a
grand jury proceeding, either party may apply to the court for an  order
declaring that a child witness is vulnerable.
  2.  A  child  witness should be declared vulnerable when the court, in
accordance with the provisions of this section, determines by clear  and
convincing  evidence  that the child witness would suffer serious mental
or emotional harm that would substantially  impair  the  child  witness'
ability  to communicate with the finder of fact without the use of live,
two-way closed-circuit television.
  3. A motion pursuant to subdivision one of this section must  be  made
in writing at least eight days before the commencement of trial or other
criminal  proceeding  upon reasonable notice to the other party and with
an opportunity to be heard.
  4. The motion papers must state the basis  for  the  motion  and  must
contain sworn allegations of fact which, if true, would support a deter-
mination by the court that the child witness is vulnerable. Such allega-
tions  may  be based upon the personal knowledge of the deponent or upon

A. 4360--A                         15

information and belief, provided that, in the latter event, the  sources
of such information and the grounds for such belief are stated.
  5. The answering papers may admit or deny any of the alleged facts and
may,  in  addition,  contain  sworn  allegations of fact relevant to the
motion, including the rights of the defendant, the need to  protect  the
child  witness  and  the  integrity of the truth-finding function of the
trier of fact.
  6. Unless all material facts alleged in support  of  the  motion  made
pursuant  to  subdivision  one  of  this section are conceded, the court
shall, in addition to examining the papers and  hearing  oral  argument,
conduct  an  appropriate  hearing  for the purpose of making findings of
fact essential to the determination of the motion. Except as provided in
subdivision [six] SEVEN of this section, it may  subpoena  or  call  and
examine witnesses, who must either testify under oath or be permitted to
give  unsworn testimony pursuant to subdivision two of section 60.20 and
must authorize the attorneys for the parties to do the same.
  7. Notwithstanding any other provision of law, the child  witness  who
is  alleged  to  be  vulnerable  may not be compelled to testify at such
hearing or to submit to any psychological  or  psychiatric  examination.
The failure of the child witness to testify at such hearing shall not be
a  ground  for denying a motion made pursuant to subdivision one of this
section. Prior statements made by the  child  witness  relating  to  any
allegations  of  conduct  constituting an offense defined in article one
hundred thirty of the penal law or incest as defined in section  255.25,
255.26  or  255.27  of such law or to any allegation of words or conduct
constituting an attempt to prevent, impede or deter  the  child  witness
from  cooperating  in  the  investigation  or prosecution of the offense
shall be admissible at such hearing, provided, however, that a  declara-
tion  that  a  child  witness is vulnerable may not be based solely upon
such prior statements.
  8. (a) Notwithstanding any of the provisions of article forty-five  of
the  civil practice law and rules, any physician, psychologist, nurse or
social worker who has treated a child witness may testify at  a  hearing
conducted  pursuant to subdivision [five] SIX of this section concerning
the treatment of such child witness as such  treatment  relates  to  the
issue  presented  at the hearing, provided that any otherwise applicable
statutory privileges concerning communications between the child witness
and such physician, psychologist, nurse or social worker  in  connection
with  such treatment shall not be deemed waived by such testimony alone,
except to the limited extent of permitting the court alone to examine in
camera reports, records or documents, if any, prepared  by  such  physi-
cian, psychologist, nurse or social worker. If upon such examination the
court  determines that such reports, records or documents, or any one or
portion thereof, contain information material and relevant to the  issue
of  whether  the  child witness is a vulnerable child witness, the court
shall disclose such information to both the attorney for  the  defendant
and the district attorney.
  (b)  At  any time after a motion has been made pursuant to subdivision
one of this section, upon the demand of the other party the moving party
must furnish the demanding party with a copy of  any  and  all  of  such
records,  reports  or  other  documents  in the possession of such other
party and must, in addition, supply the court with a copy  of  all  such
reports, records or other documents which are the subject of the demand.
At any time after a demand has been made pursuant to this paragraph, the
moving  party  may demand that property of the same kind or character in
possession of the party that originally made such demand be furnished to

A. 4360--A                         16

the moving party and, if so furnished, be supplied, in addition, to  the
court.
  9.  (a) Prior to the commencement of the hearing conducted pursuant to
subdivision [five] SIX of this section,  the  district  attorney  shall,
subject  to  a protective order, comply with the provisions of PARAGRAPH
(C) OF subdivision one of section [240.45] 245.20  of  this  chapter  as
they  concern  any witness whom the district attorney intends to call at
the hearing and the child witness.
  (b) Before a defendant calls a witness at  such  hearing,  he  or  she
must,  subject  to  a  protective  order,  comply with the provisions of
subdivision [two] FOUR of section [240.45] 245.20  of  this  chapter  as
they  concern  all  the  witnesses the defendant intends to call at such
hearing.
  10. The court may consider, in determining whether there  are  factors
which  would  cause  the  child  witness  to  suffer  serious  mental or
emotional harm, a finding that any one or more of the following  circum-
stances have been established by clear and convincing evidence:
  (a) The manner of the commission of the offense of which the defendant
is  accused was particularly heinous or was characterized by aggravating
circumstances.
  (b) The child witness is particularly young or otherwise  particularly
subject  to psychological harm on account of a physical or mental condi-
tion which existed before the alleged commission of the offense.
  (c) At the time of the alleged offense, the defendant occupied a posi-
tion of authority with respect to the child witness.
  (d) The offense or offenses charged were part of an ongoing course  of
conduct  committed  by  the  defendant against the child witness over an
extended period of time.
  (e) A deadly weapon or dangerous instrument was allegedly used  during
the commission of the crime.
  (f) The defendant has inflicted serious physical injury upon the child
witness.
  (g)  A  threat,  express or implied, of physical violence to the child
witness or a third person if the child witness were to report the  inci-
dent  to  any  person  or communicate information to or cooperate with a
court, grand jury, prosecutor, police officer or peace officer  concern-
ing the incident has been made by or on behalf of the defendant.
  (h)  A threat, express or implied, of the incarceration of a parent or
guardian of the child witness, the removal of the child witness from the
family or the dissolution of the family of  the  child  witness  if  the
child  witness  were to report the incident to any person or communicate
information to or cooperate with a court, grand jury, prosecutor, police
officer or peace officer concerning the incident has been made by or  on
behalf of the defendant.
  (i)  A  witness  other than the child witness has received a threat of
physical violence directed at such witness or to a third person by or on
behalf of the defendant.
  (j) The defendant, at the time of the inquiry, (i) is  living  in  the
same  household  with  the  child  witness, (ii) has ready access to the
child witness or (iii) is providing substantial  financial  support  for
the child witness.
  (k)  The  child  witness  has previously been the victim of an offense
defined in article one hundred thirty of the  penal  law  or  incest  as
defined in section 255.25, 255.26 or 255.27 of such law.

A. 4360--A                         17

  (l)  According to expert testimony, the child witness would be partic-
ularly [suceptible] SUSCEPTIBLE to psychological  harm  if  required  to
testify in open court or in the physical presence of the defendant.
  11.  Irrespective of whether a motion was made pursuant to subdivision
one of this section, the court, at the request of either party or on its
own motion, may decide that a child witness may be vulnerable  based  on
its own observations that a child witness who has been called to testify
at  a  criminal  proceeding is suffering severe mental or emotional harm
and therefore is physically or mentally unable to testify or to continue
to testify in open court or in the physical presence  of  the  defendant
and that the use of live, two-way closed-circuit television is necessary
to enable the child witness to testify. If the court so decides, it must
conduct  the  same  hearing  that subdivision [five] SIX of this section
requires when a motion is made  pursuant  to  subdivision  one  of  this
section,  and  it  must  make  findings of fact pursuant to subdivisions
[nine] TEN and [eleven] TWELVE of this section, before determining  that
the child witness is vulnerable.
  12. In deciding whether a child witness is vulnerable, the court shall
make  findings of fact which reflect the causal relationship between the
existence of any one or more of the factors  set  forth  in  subdivision
[nine]  TEN  of  this  section or other relevant factors which the court
finds are established and the determination that the  child  witness  is
vulnerable.  If the court is satisfied that the child witness is vulner-
able and that, under the facts and circumstances of the particular case,
the  defendant's  constitutional  rights  to  an  impartial  jury  or of
confrontation will not be impaired, it may enter an order  granting  the
application for the use of live, two-way closed-circuit television.
  13. When the court has determined that a child witness is a vulnerable
child  witness,  it  shall make a specific finding as to whether placing
the defendant and the child witness in the same room during the testimo-
ny of the child witness will contribute to the likelihood that the child
witness will suffer severe mental or emotional harm. If the court  finds
that placing the defendant and the child witness in the same room during
the  testimony  of  the  child witness will contribute to the likelihood
that the child witness will suffer severe mental or emotional harm,  the
order  entered  pursuant  to subdivision [eleven] TWELVE of this section
shall direct that the defendant  remain  in  the  courtroom  during  the
testimony of the vulnerable child witness.
  § 5. Subdivision 5 of section 200.95 of the criminal procedure law, as
added by chapter 558 of the laws of 1982, is amended to read as follows:
  5.  Court  ordered bill of particulars.  Where a prosecutor has timely
served a written refusal pursuant to subdivision four  of  this  section
and upon motion, made in writing, of a defendant, who has made a request
for  a  bill of particulars and whose request has not been complied with
in whole or in part, the court must, to the extent a protective order is
not warranted, order the prosecutor to comply with the request if it  is
satisfied that the items of factual information requested are authorized
to  be  included  in a bill of particulars, and that such information is
necessary to enable the defendant adequately to prepare or  conduct  his
defense  and,  if  the request was untimely, a finding of good cause for
the delay. Where a prosecutor has not timely served  a  written  refusal
pursuant  to  subdivision four of this section the court must, unless it
is satisfied that the people have shown good cause  why  such  an  order
should  not be issued, issue an order requiring the prosecutor to comply
or providing for any other  order  authorized  by  [subdivision  one  of
section 240.70] SECTION 245.80 OF THIS PART.

A. 4360--A                         18

  §  6. Paragraph (c) of subdivision 1 of section 255.10 of the criminal
procedure law, as added by chapter 763 of the laws of 1974,  is  amended
to read as follows:
  (c)  granting discovery pursuant to article [240] 245; or
  § 7. Subdivision 1 of section 255.20 of the Criminal procedure law, as
amended  by  chapter  369  of  the  laws  of 1982, is amended to read as
follows:
  1. Except as otherwise expressly provided by law, whether the  defend-
ant is represented by counsel or elects to proceed pro se, all pre-trial
motions  shall  be served or filed within forty-five days after arraign-
ment and before commencement of trial, or within such additional time as
the court may fix upon application of the defendant made prior to  entry
of  judgment.  In  an action in which EITHER (A) MATERIAL OR INFORMATION
HAS BEEN DISCLOSED PURSUANT TO PARAGRAPH (M) OR (N) OF  SUBDIVISION  ONE
OF  SECTION  245.20,  (B)  an eavesdropping warrant and application have
been furnished pursuant to section 700.70, or (C) a notice of  intention
to  introduce  evidence has been served pursuant to section 710.30, such
period shall be extended until forty-five days after the  last  date  of
such  service.    If the defendant is not represented by counsel and has
requested an adjournment to obtain counsel or to have counsel  assigned,
such  forty-five day period shall commence on the date counsel initially
appears on defendant's behalf.
  § 8. Section 340.30 of the criminal procedure law is amended  to  read
as follows:
§ 340.30 Pre-trial discovery and notices of defenses.
  The  provisions  of article two hundred [forty] FORTY-FIVE, concerning
pre-trial discovery by a defendant under indictment in a superior court,
and article two hundred fifty, concerning pre-trial notice to the people
by a defendant under indictment in  a  superior  court  who  intends  to
advance  a  trial defense of mental disease or defect or of alibi, apply
to a prosecution of an information in a local criminal court.
  § 9. Subdivision 14 of section 400.27 of the criminal  procedure  law,
as  added  by  chapter  1  of  the  laws  of 1995, is amended to read as
follows:
  14. (a) At a reasonable time prior to the sentencing proceeding  or  a
mental retardation hearing:
  [(i)] the prosecutor shall, unless previously disclosed and subject to
a  protective  order, make available to the defendant the statements and
information specified in subdivision one of section [240.45]  245.20  OF
THIS  PART  and make available for inspection, photographing, copying or
testing the property specified in subdivision one  of  section  [240.20;
and
  (ii) the defendant shall, unless previously disclosed and subject to a
protective  order,  make available to the prosecution the statements and
information specified in subdivision two  of  section  240.45  and  make
available  for inspection, photographing, copying or testing, subject to
constitutional limitations, the reports, documents  and  other  property
specified in subdivision one of section 240.30] 245.20 OF THIS PART.
  (b) Where a party refuses to make disclosure pursuant to this section,
the provisions of section [240.35, subdivision one of section 240.40 and
section 240.50] 245.70, 245.75 AND/OR 245.80 OF THIS PART shall apply.
  (c)  If,  after  complying  with  the provisions of this section or an
order pursuant thereto, a party finds either before or during a sentenc-
ing  proceeding  or  mental  retardation  hearing,  additional  material
subject to discovery or covered by court order, the party shall promptly
make disclosure or apply for a protective order.

A. 4360--A                         19

  (d)  If  the court finds that a party has failed to comply with any of
the provisions of this section, the court may [enter] EMPLOY any of  the
[orders]  REMEDIES  OR SANCTIONS specified in subdivision one of section
[240.70] 245.80 OF THIS PART.
  §  10.  The  opening  paragraph  of  paragraph (b) of subdivision 1 of
section 440.30 of the criminal procedure law, as added by chapter 19  of
the laws of 2012, is amended to read as follows:
  In  conjunction with the filing or consideration of a motion to vacate
a judgment pursuant to section 440.10 of this  article  by  a  defendant
convicted after a trial, in cases where the court has ordered an eviden-
tiary  hearing  upon  such  motion,  the court may order that the people
produce or make available for inspection property[, as defined in subdi-
vision three of section 240.10 of this part,] in its possession,  custo-
dy,  or control that was secured in connection with the investigation or
prosecution of the defendant upon credible allegations by the  defendant
and  a  finding  by  the court that such property, if obtained, would be
probative to the determination of defendant's actual innocence, and that
the request is reasonable. The court shall deny or limit such a  request
upon  a  finding  that  such  a  request, if granted, would threaten the
integrity or chain of custody of property or the integrity of the  proc-
esses  or  functions of a laboratory conducting DNA testing, pose a risk
of harm, intimidation, embarrassment, reprisal, or  other  substantially
negative  consequences  to any person, undermine the proper functions of
law enforcement including the confidentiality of informants, or  on  the
basis  of  any  other factor identified by the court in the interests of
justice or public safety. The court shall further ensure that any  prop-
erty  produced  pursuant  to  this  paragraph is subject to a protective
order, where appropriate. The court shall deny any request made pursuant
to this paragraph where:
  § 11. Subdivision 10 of section 450.10 of the penal law, as  added  by
chapter 795 of the laws of 1984, is amended to read as follows:
  10.  Where  there  has been a failure to comply with the provisions of
this section, and where the district attorney does  not  demonstrate  to
the  satisfaction  of  the  court  that  such failure has not caused the
defendant prejudice, the court shall  instruct  the  jury  that  it  may
consider  such  failure  in  determining  the  weight  to  be given such
evidence and may also impose any other sanction set forth in subdivision
one of section [240.70] 245.80 of the criminal procedure law;  provided,
however,  that  unless  the  defendant has convinced the court that such
failure has caused him undue prejudice, the court shall not preclude the
district attorney from introducing into evidence  the  property,  photo-
graphs,  photocopies,  or  other reproductions of the property or, where
appropriate, testimony concerning its value and  condition,  where  such
evidence  is  otherwise  properly authenticated and admissible under the
rules of evidence. Failure to  comply  with  any  one  or  more  of  the
provisions  of  this  section shall not for that reason alone be grounds
for dismissal of the accusatory instrument.
  § 12. Section 460.80 of the penal law, as added by chapter 516 of  the
laws of 1986, is amended to read as follows:
§ 460.80 Court ordered disclosure.
  Notwithstanding  the  provisions of article two hundred [forty] FORTY-
FIVE of the criminal procedure law, when forfeiture is  sought  pursuant
to section 460.30 of this [chapter] ARTICLE, the court may order discov-
ery  of  any  property  not  otherwise  disclosed  which is material and
reasonably necessary for preparation by the defendant  with  respect  to
the  forfeiture proceeding pursuant to such section. The court may issue

A. 4360--A                         20

a protective order denying, limiting, conditioning, delaying or regulat-
ing such discovery where a danger to the integrity of physical  evidence
or a substantial risk of physical harm, intimidation, economic reprisal,
bribery  or  unjustified  annoyance or embarrassment to any person or an
adverse effect upon the legitimate needs of law  enforcement,  including
the protection of the confidentiality of informants, or any other factor
or set of factors outweighs the usefulness of the discovery.
  §  13.  Subdivision  5 of section 480.10 of the penal law, as added by
chapter 655 of the laws of 1990, is amended to read as follows:
  5. In addition to information required to  be  disclosed  pursuant  to
article  two  hundred  [forty] FORTY-FIVE of the criminal procedure law,
when forfeiture is sought pursuant to this article,  and  following  the
defendant's arraignment on the special forfeiture information, the court
shall  order  discovery of any information not otherwise disclosed which
is material and reasonably necessary for preparation  by  the  defendant
with  respect  to a forfeiture proceeding brought pursuant to this arti-
cle. Such material shall  include  those  portions  of  the  grand  jury
minutes  and  such other information which pertain solely to the special
forfeiture information and shall not include information which  pertains
to  the  criminal charges. Upon application of the prosecutor, the court
may issue a protective order pursuant to section [240.40] 245.70 of  the
criminal  procedure  law  with respect to any information required to be
disclosed pursuant to this subdivision.
  § 14. This act shall take effect on the ninetieth day after  it  shall
have become a law; provided, however, the amendments to section 65.20 of
the  criminal  procedure  law made by section four of this act shall not
affect the repeal of such section and shall be  deemed  repealed  there-
with.