NY State Senate Bill 2019-S8185

Senate Bill S8185

2019-2020 Legislative Session

Relates to the nondisclosure of an individual reporting a violation of a local law or ordinance

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 13, 2020	referred to codes

2019-S8185 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §245.20, CP L

2019-S8185 (ACTIVE) - Summary

Relates to the nondisclosure of an individual reporting a violation of a local law or ordinance.

2019-S8185 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8185

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to the nondis-
closure of an individual reporting a violation of a local law or ordi-
nance; and providing for the repeal of such provisions upon expiration
thereof

 
PURPOSE:

This bill allows for the anonymity of persons reporting violations of
local codes or ordinances.

 
SUMMARY OF PROVISIONS:

Section one amends paragraph (a) of subdivision 1 of section 245.10 of
the criminal procedure law, creating an exception to the requirement
that the name and contact information of all persons who contributed
information pertaining to the offense charged be disclosed to a defend-

ant. This exception would only apply to the prosecution of local laws
and ordinances.

Section two provides that this act shall take effect immediately and
shall expire on December 31, 2022.

 
JUSTIFICATION:

Local Governments will undoubtedly play an important role in containing
the spread, and potential future waves, of the Coronavirus Pandemic. The
enforcement of local codes and ordinances during our recovery period
will be imperative. Due to their local nature, information pertaining to
a violation of local code or ordinances typically comes from neighbors
and others with established relationships to the person in violation.
Requiring the disclosure of name and contact information of any person
who shares pertinent health or safety information with local officials
is a deterrent.  In order to ensure that Local Governments are fully
able to enforce their health, sanitation, and safety regulations, this
legislation will protect those individuals who bring pertinent informa-
tion to the attention of code enforcement authorities.

 
LEGISLATIVE HISTORY:

New Legislation.

 
FISCAL IMPLICATIONS:

None to the State and potential cost savings for local governments.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire on December 31,
2022.

2019-S8185 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8185
 
                             I N  S E N A T E
 
                              April 13, 2020
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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  the  nondis-
   closure of an individual reporting a violation of a local law or ordi-
   nance; and providing for the repeal of such provisions upon expiration
   thereof

   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  NAME  OR
 CONTACT  INFORMATION FOR ANY INDIVIDUAL REPORTING A VIOLATION OF A LOCAL
 LAW OR ORDINANCE. Nothing in this paragraph shall require the disclosure
 of physical addresses; provided, however, upon a motion and  good  cause
 shown  the court may direct the disclosure of a physical address. Infor-
 mation 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  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 and shall expire and be
 deemed repealed December 31, 2022.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16078-02-0

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