The New York State Senate

                    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.