senate Bill S9018

2019-2020 Legislative Session

Relates to creating the crime of unlawful dissemination or publication of discovery material

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 02, 2020 referred to rules

S9018 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §215.09, Pen L; amd §§510.10, 530.20 & 530.40, CP L

S9018 (ACTIVE) - Summary

Creates the crime of unlawful dissemination or publication of discovery material; defines the circumstances under which a person is guilty of such crime; establishes that such crime is a class E felony.

S9018 (ACTIVE) - Sponsor Memo

S9018 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9018
 
                             I N  S E N A T E
 
                              October 2, 2020
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation  to  creating the crime of unlawful dissemination or publica-
   tion of discovery material
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 215.09 to
 read as follows:
 § 215.09 UNLAWFUL DISSEMINATION OR PUBLICATION OF DISCOVERY MATERIAL.
   1. A PERSON IS GUILTY OF  UNLAWFUL  DISSEMINATION  OR  PUBLICATION  OF
 DISCOVERY MATERIAL, WHEN HE OR SHE:
   A.  INTENTIONALLY  DISSEMINATES  OR  PUBLISHES  MATERIAL DEFINED UNDER
 SECTION 245.20 OF THE CRIMINAL PROCEDURE LAW WITH THE INTENT  OF  INTIM-
 IDATING OR HARASSING ANOTHER PERSON; OR
   B.  INTENTIONALLY  DISSEMINATES  OR  PUBLISHES  MATERIAL DEFINED UNDER
 SECTION 245.20 OF THE CRIMINAL PROCEDURE LAW TO ANOTHER PERSON AND HE OR
 SHE KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE PERSON INTENDED TO USE
 THE DISCOVERY MATERIAL TO INTIMIDATE OR HARASS ANOTHER PERSON.
   2. A PERSON WHO IS THE DEFENSE COUNSEL  TO  A  DEFENDANT  IN  A  LEGAL
 PROCEEDING SHALL NOT BE GUILTY OF AN OFFENSE UNDER PARAGRAPH B OF SUBDI-
 VISION ONE OF THIS SECTION, WHEN COMMUNICATING DIRECTLY WITH THE DEFEND-
 ANT  IN  ACCORDANCE  WITH ARTICLE TWO HUNDRED FORTY-FIVE OF THE CRIMINAL
 PROCEDURE LAW.
   3. UNDER THIS SECTION, "DISSEMINATES" AND "PUBLISHES" SHALL  HAVE  THE
 SAME MEANINGS AS UNDER SECTION 250.40 OF THIS PART.
   UNLAWFUL DISSEMINATION OR PUBLICATION OF DISCOVERY MATERIAL IS A CLASS
 E FELONY.
   §  2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of the
 criminal procedure law, as added by section 2 of part UU of  chapter  56
 of  the  laws  of  2020, are amended and a new paragraph (u) is added to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17391-01-0

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