S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7853
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2021
                                ___________
 
 Introduced by M. of A. GANDOLFO -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to  amend the criminal procedure law, in relation to protecting
   the identity of witnesses of hate crimes in discovery proceedings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraphs (c) and (g) 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, are amended to read as follows:
   (c)  The  names and adequate contact information for all persons other
 than law  enforcement  personnel  whom  the  prosecutor  knows  to  have
 evidence or information relevant to any offense charged or to any poten-
 tial  defense  thereto,  including a designation by the prosecutor as to
 which of those persons may be called as witnesses. Nothing in this para-
 graph 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.  Information  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 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  other-
 wise  for  good cause shown. INFORMATION UNDER THIS SUBDIVISION RELATING
 TO THE IDENTITY OF A WITNESS OF A HATE CRIME, AS DEFINED  UNDER  SECTION
 485.05  OF  THE PENAL LAW, SHALL 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10912-01-1

 A. 7853                             2
 
 SUCH INFORMATION HAS NOT BEEN DISCLOSED, UNLESS THE COURT  RULES  OTHER-
 WISE FOR GOOD CAUSE SHOWN.
   (g) All tapes or other electronic recordings, including all electronic
 recordings  of  911  telephone calls made or received in connection with
 the alleged criminal incident, and a designation by the prosecutor as to
 which of the recordings under this paragraph the prosecution intends  to
 introduce at trial or a pre-trial hearing. If the discoverable materials
 under  this  paragraph exceed ten hours in total length, the prosecution
 may disclose only the recordings that it intends to introduce  at  trial
 or  a pre-trial hearing, along with a list of the source and approximate
 quantity of other recordings and their general subject matter if  known,
 and the defendant shall have the right upon request to obtain recordings
 not  previously  disclosed. The prosecution shall disclose the requested
 materials as soon as practicable and not less than fifteen calendar days
 after the defendant's request, unless an order is obtained  pursuant  to
 section  245.70  of this article. The prosecution may withhold the names
 and identifying information of any person who contacted 911 without  the
 need  for a protective order pursuant to section 245.70 of this article,
 provided, however, the defendant may move the court for disclosure.  THE
 PROSECUTION SHALL WITHHOLD NAMES  AND  IDENTIFYING  INFORMATION  OF  ANY
 PERSON  WHO  CONTACTED  911  TO  REPORT  A  HATE CRIME, AS DEFINED UNDER
 SECTION 485.05 OF THE PENAL LAW, WITHOUT THE NEED FOR A PROTECTIVE ORDER
 PURSUANT TO SECTION 245.70  OF  THIS  ARTICLE,  PROVIDED,  HOWEVER,  THE
 DEFENDANT  MAY MOVE THE COURT FOR DISCLOSURE. If the prosecution intends
 to call such person as a witness at a trial or hearing, the  prosecution
 must  disclose the name and contact information of such witness no later
 than fifteen days before such trial or hearing, or as soon as  practica-
 ble.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.