S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4949
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2021
                                ___________
 
 Introduced  by M. of A. SIMPSON -- read once and referred to the Commit-
   tee 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 amended by section 2 of part HHH  of  chapter
 56 of the laws of 2020, 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 the identity of a 911 caller,
 the victim or witness of an offense defined under  article  one  hundred
 thirty  or section 230.34 or 230.34-a of the penal law, any other victim
 or witness of a crime where the defendant has substantiated  affiliation
 with  a  criminal  enterprise as defined in subdivision three of section
 460.10 of the penal law, or a confidential informant  may  be  withheld,
 and  redacted from discovery materials, without need for a motion pursu-
 ant 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04315-02-1

 A. 4949                             2
 
   § 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
 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.