assembly Bill A9877

2019-2020 Legislative Session

Relates to protecting witnesses in criminal prosecutions from intimidation and threats

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 20, 2020 referred to codes

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A9877 (ACTIVE) - Details

See Senate Version of this Bill:
S7363
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §245.20, CP L
Versions Introduced in 2021-2022 Legislative Session:
A4726, S6766

A9877 (ACTIVE) - Summary

Relates to protecting witnesses in criminal prosecutions from intimidation and threats by permitting the court to withhold disclosure of names and other information if the court finds on the record that such witness is subject to potential intimidation, violence or threats.

A9877 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9877
 
                           I N  A S S E M B L Y
 
                             February 20, 2020
                                ___________
 
 Introduced  by M. of A. RA -- read once and referred to the Committee on
   Codes
 
 AN ACT to amend the criminal procedure law, in  relation  to  protecting
   vulnerable witness and victim's contact information
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 1 of  section  245.20  of  the
 criminal  procedure law, as added by section 2 of part LLL of chapter 59
 of the laws of 2019, is amended to read as follows:
   (c) The names and adequate contact information for all  persons  other
 than  law  enforcement  personnel  whom  the  prosecutor  knows  to have
 evidence or information relevant to any offense charged or to any poten-
 tial defense thereto, including a designation by the  prosecutor  as  to
 which  of  those  persons may be called as witnesses; PROVIDED, HOWEVER,
 NOTHING IN THIS PARAGRAPH SHALL REQUIRE THE DISCLOSURE OF THE NAMES  AND
 ADEQUATE  CONTACT  INFORMATION  FOR  PERSONS THAT THE COURT FINDS ON THE
 RECORD ARE  SUBJECT  TO  POTENTIAL  WITNESS  INTIMIDATION,  VIOLENCE  OR
 THREATS. Nothing in this paragraph shall require the disclosure of phys-
 ical  addresses;  provided,  however, upon a motion and good cause shown
 the court may direct the disclosure of a physical  address.  Information
 under this subdivision relating to a confidential informant may be with-
 held,  and  redacted from discovery materials, without need for a motion
 pursuant to section 245.70 of this article; but  the  prosecution  shall
 notify  the  defendant  in  writing  that  such information has not been
 disclosed, unless the court rules otherwise for good cause shown.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14899-01-0