Senate Bill S6852

2019-2020 Legislative Session

Relates to discovery restrictions for photographs of minors depicting sexual or other intimate parts

download bill text pdf

Sponsored By

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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2019-S6852 (ACTIVE) - Details

See Assembly Version of this Bill:
A8845
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§245.20 & 245.70, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S1072, A7932
2023-2024: S2968, A2351

2019-S6852 (ACTIVE) - Summary

Relates to discovery restrictions for photographs of minors depicting sexual or other intimate parts; such photographs shall be subject to in camera review and certain other restrictions.

2019-S6852 (ACTIVE) - Sponsor Memo

2019-S6852 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6852
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             November 13, 2019
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the criminal procedure law,  in  relation  to  discovery
   restrictions for photographs of minors depicting sexual or other inti-
   mate parts

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (h) 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:
   (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  relate to the subject matter of the case; PROVIDED,
 HOWEVER, THAT ANY PHOTOGRAPHS DEPICTING THE  SEXUAL  OR  OTHER  INTIMATE
 PARTS  OF  A PERSON UNDER THE AGE OF EIGHTEEN AT THE TIME THE PHOTOGRAPH
 WAS TAKEN  SHALL  FIRST  BE  SUBJECT  TO  IN  CAMERA  REVIEW  AND  OTHER
 RESTRICTIONS  PROVIDED  BY  SUBDIVISION  EIGHT OF SECTION 245.70 OF THIS
 ARTICLE.
   § 2. Section 245.70 of the criminal procedure law is amended by adding
 a new subdivision 8 to read as follows:
   8. PHOTOGRAPHS DEPICTING THE SEXUAL  OR  OTHER  INTIMATE  PARTS  OF  A
 MINOR.  ANY PHOTOGRAPH DEPICTING THE SEXUAL OR OTHER INTIMATE PARTS OF A
 PERSON UNDER THE AGE OF EIGHTEEN AT THE TIME THE PHOTOGRAPH  WAS  TAKEN,
 AND  WHICH  IS OTHERWISE SUBJECT TO DISCLOSURE PURSUANT TO PARAGRAPH (H)
 OF SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE, SHALL  BE  SUBJECT
 TO IN CAMERA REVIEW PRIOR TO DISCLOSURE TO DETERMINE THE MANNER IN WHICH
 SUCH  PHOTOGRAPH SHALL BE DISCLOSED, WITHOUT NEED FOR A MOTION BY EITHER
 PARTY. IN DETERMINING THE MANNER OF DISCLOSURE, THE COURT SHALL CONSIDER
 THE BODY PARTS  DEPICTED  IN  THE  PHOTOGRAPH,  THE  AGE  OF  THE  MINOR
 DEPICTED, THE NATURE OF THE PHOTOGRAPH, THE RELEVANCE AND MATERIALITY OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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