S T A T E O F N E W Y O R K
________________________________________________________________________
9107
I N A S S E M B L Y
January 21, 2020
___________
Introduced by M. of A. STEC, WALSH -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to ensuring
privacy protections for all emergency personnel present at a crime
scene
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, AMBULANCE SERVICES OR ADVANCED LIFE
SUPPORT FIRST RESPONSE SERVICES, CERTIFIED FIRST RESPONDERS, FIREFIGHT-
ERS, EMERGENCY MEDICAL TECHNICIANS OR ADVANCED EMERGENCY MEDICAL TECHNI-
CIANS, WHO ARE EMPLOYED BY OR ENROLLED MEMBERS OF ANY SUCH SERVICE, whom
the prosecutor knows to have evidence or information relevant to any
offense charged or to any potential defense thereto, including a desig-
nation by the prosecutor as to which of those persons may be called as
witnesses. 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. Subdivision 4 of section 245.70 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:
4. Showing of good cause. In determining good cause under this section
the court may consider: constitutional rights or limitations; danger to
the integrity of physical evidence or the safety of a witness; risk of
intimidation, economic reprisal, bribery, harassment or unjustified
annoyance or embarrassment to any person, and the nature, severity and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14752-01-0
A. 9107 2
likelihood of that risk; a risk of an adverse effect upon the legitimate
needs of law enforcement, AMBULANCE SERVICES OR ADVANCED LIFE SUPPORT
FIRST RESPONSE SERVICES, CERTIFIED FIRST RESPONDERS, FIREFIGHTERS, EMER-
GENCY MEDICAL TECHNICIANS OR ADVANCED EMERGENCY MEDICAL TECHNICIANS, WHO
ARE EMPLOYED BY OR ENROLLED MEMBERS OF ANY SUCH SERVICE, including the
protection of the confidentiality of informants, and the nature, severi-
ty and likelihood of that risk; the nature and circumstances of the
factual allegations in the case; whether the defendant has a history of
witness intimidation or tampering and the nature of that history; the
nature of the stated reasons in support of a protective order; the
nature of the witness identifying information that is sought to be
addressed by a protective order, including the option of employing
adequate alternative contact information; danger to any person stemming
from factors such as a defendant's substantiated affiliation with a
criminal enterprise as defined in subdivision three of section 460.10 of
the penal law; and other similar factors found to outweigh the useful-
ness of the discovery.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.