NY State Senate Bill 2021-S1072

Senate Bill S1072

2021-2022 Legislative Session

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

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 06, 2021	referred to codes

co-Sponsors

2021-S1072 (ACTIVE) - Details

See Assembly Version of this Bill:: A7932
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§245.20 & 245.70, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6852, A8845
2023-2024: S2968, A2351

2021-S1072 (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.

2021-S1072 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1072

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to discovery
restrictions for photographs of minors depicting sexual or other inti-
mate parts

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to enhance protections for sensitive
images of minors who have been victims of sexual abuse by providing for
in camera review prior to disclosure in discovery and by creating a
presumption that such images should be disclosed only to counsel and
relevant experts in in criminal trials involving child sexual abuse.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 245.20 of the criminal proce-
dure law to provide that any photographs depicting the sexual or other

intimate parts of a minor shall be subject to in camera review prior to
disclosure in discovery.

Section 2 adds a new subdivision 8 to Section 245.70 of the criminal
procedure law to provide that the in camera review established by
section 1 of the bill shall be conducted without the requirement of a
motion by either party and sets the factors that the court shall consid-
er in the course of such in camera review. In addition, such new subdi-
vision creates a rebuttable presumption that the disclosure of any such
photographs in discovery shall be made only to the counsel and relevant
experts for the defendant.

Section 3 provides the effective date.

 
JUSTIFICATION:

In child sexual abuse cases, it is standard for forensic images to be
taken of the child's genitals and/or other intimate parts. The ability
of the defendant to obtain copies of these images poses concerns over
the child's well-being and privacy rights and can leave these sensitive
images of a child's genitals or other intimate parts in the hands of the
defendant accused of sexually abusing that child.  Chanel Miller, the
woman who was sexually assaulted by Brock Turner, a Stanford student who
was infamously sentenced to only six months in county jail, takes time
to recount in her memoir the humiliation she felt upon learning that
such images of her were seen by many people who had no need to see them.
Additional steps should be taken to restrict access to these images to
avoid subjecting children to such humiliation and otherwise protect
their well-being.

Currently, prosecutors can affirmatively apply for an order to restrict
access to these images, but the presumption should be that defendants
themselves should not have a right to copies of these images in discov-
ery.

Notwithstanding these concerns, defendants' constitutional rights to
access the evidence presented against them should not be infringed.
This bill balances the concerns for the wellbeing of the child while
avoiding any infringement of the rights of the defendant by providing
for prior in camera review of these types of images by the judge and by
creating a presumption that only counsel and defendants' experts may
view these images in discovery, yet still allowing access by the defense
team during discovery and not restricting the ability of the defendant
to view the images should the case proceed to trial.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1072 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1072
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER,  BIAGGI, GAUGHRAN, KRUEGER, THOMAS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Codes
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02662-02-1

 S. 1072                             2
 
 DEPICTED, THE NATURE OF THE PHOTOGRAPH, THE RELEVANCE AND MATERIALITY OF
 THE PHOTOGRAPH TO THE PENDING CASE, THE IMPACT DISCLOSURE  MAY  HAVE  ON
 THE  MINOR  DEPICTED,  THE  NATURE  OF  THE CRIME OR CRIMES CHARGED, THE
 RELATIONSHIP  BETWEEN  THE  MINOR  DEPICTED  AND  THE  DEFENDANT AND ANY
 ALLEGED RELATIONSHIP BETWEEN THE MINOR DEPICTED AND THE DEFENDANT,  AND,
 WHEN  KNOWN, THE WISHES OF THE MINOR DEPICTED. THERE SHALL BE A REBUTTA-
 BLE PRESUMPTION THAT SUCH PHOTOGRAPH SHALL  BE  DISCLOSED  ONLY  TO  THE
 COUNSEL AND RELEVANT EXPERTS FOR THE DEFENDANT.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S1072

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Sponsored By

Shelley B. Mayer

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Alessandra Biaggi

James Gaughran

Liz Krueger

Kevin Thomas

2021-S1072 (ACTIVE) - Details

2021-S1072 (ACTIVE) - Summary

2021-S1072 (ACTIVE) - Sponsor Memo

2021-S1072 (ACTIVE) - Bill Text download pdf

Comments