S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4554--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sens.  BAILEY, BIAGGI -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Children  and
   Families  --  recommitted to the Committee on Children and Families in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the family court act and the judiciary law, in  relation
   to   the  discovery  provisions  applicable  to  juvenile  delinquency
   proceedings in family court; and to repeal certain provisions  of  the
   family court act relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 331.1, 331.2, 331.3, 331.4, 331.5, 331.6 and 331.7
 of the family court act are REPEALED.
   § 2. The family court act is amended by adding thirteen  new  sections
 331.1,  331.2,  331.3, 331.4, 331.5, 331.6, 331.7, 331.8, 331.9, 331.10,
 331.11, 331.12 and 331.13 to read as follows:
   § 331.1.  INITIAL  APPEARANCE.  1.  DISCLOSURE.  AT  THE  RESPONDENT'S
 INITIAL  APPEARANCE, AS DEFINED IN SECTION 320.1 OF THIS ARTICLE, IF THE
 COURT DIRECTS DETENTION PURSUANT TO SUBDIVISION THREE OF  SECTION  320.5
 OF  THIS ARTICLE, THE PRESENTMENT AGENCY SHALL FORTHWITH DISCLOSE TO THE
 RESPONDENT, AND PERMIT THE RESPONDENT TO DISCOVER, INSPECT, COPY, PHOTO-
 GRAPH AND TEST, ALL ITEMS AND INFORMATION SET FORTH  IN  PARAGRAPHS  (A)
 THROUGH  (U)  OF  SUBDIVISION ONE OF SECTION 331.3 OF THIS PART THAT ARE
 WITHIN THE PRESENTMENT AGENCY'S POSSESSION AT THE TIME  OF  THE  INITIAL
 APPEARANCE.  IF  THE  COURT  DOES  NOT DIRECT DETENTION, THE PRESENTMENT
 AGENCY SHALL DISCLOSE TO THE RESPONDENT:
   (A) ANY POLICE OR OTHER LAW ENFORCEMENT  AGENCY  REPORTS  AND  WRITTEN
 WITNESS  STATEMENTS  RELATING  TO  THE  JUVENILE  DELINQUENCY PROCEEDING
 AGAINST  THE  RESPONDENT  THAT  ARE  WITHIN  THE  PRESENTMENT   AGENCY'S
 POSSESSION AT THAT TIME;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03725-07-2
              

 S. 4554--A                          2
 
   (B)   ELECTRONIC  RECORDINGS  RELATING  TO  THE  JUVENILE  DELINQUENCY
 PROCEEDING AGAINST THE RESPONDENT THAT ARE WITHIN THE PRESENTMENT  AGEN-
 CY'S POSSESSION AT THAT TIME, IN ACCORDANCE WITH PARAGRAPH (G) OF SUBDI-
 VISION ONE OF SECTION 331.3 OF THIS PART; AND
   (C)  EXCULPATORY  INFORMATION  KNOWN TO THE PRESENTMENT AGENCY AT THAT
 TIME.
   (D) WHERE THE CHARGES WERE REMOVED FROM A YOUTH PART PURSUANT TO ARTI-
 CLE SEVEN HUNDRED TWENTY-FIVE OF THE  CRIMINAL  PROCEDURE  LAW  AND  THE
 ATTORNEY  FOR  THE  CHILD  DID NOT REPRESENT THE RESPONDENT IN THE YOUTH
 PART, ALL DISCOVERY MATERIAL PREVIOUSLY PROVIDED PURSUANT TO ARTICLE TWO
 HUNDRED FORTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
   2. COPY OF RECORDS. IF IN THE EXERCISE OF REASONABLE DILIGENCE AND DUE
 TO THE LIMITED AVAILABILITY OF  RESOURCES  FOR  DOWNLOADING  OR  COPYING
 RECORDINGS,  A  COPY  OF AN ELECTRONIC RECORDING DISCOVERABLE UNDER THIS
 SECTION IS UNAVAILABLE AT THE INITIAL APPEARANCE, A COPY SHALL  BE  MADE
 AND  DISCLOSED  TO  THE  RESPONDENT AS SOON AS PRACTICABLE BUT NOT LATER
 THAN FIVE CALENDAR DAYS AFTER THE INITIAL APPEARANCE, PROVIDED, HOWEVER,
 THAT IF THE RESPONDENT IS IN DETENTION, A COPY SHALL BE MADE  NOT  LATER
 THAN  THREE  DAYS  AFTER THE INITIAL APPEARANCE.   PORTIONS OF MATERIALS
 UNDER THIS SECTION CLAIMED TO BE NON-DISCOVERABLE MAY BE WITHHELD  PEND-
 ING  A  PROMPT REQUEST BY THE PRESENTMENT AGENCY FOR A DETERMINATION AND
 RULING OF THE COURT UNDER SECTION 331.11 OF THIS PART; BUT THE DISCOVER-
 ABLE PORTIONS OF SUCH MATERIALS SHALL BE DISCLOSED TO THE EXTENT PRACTI-
 CABLE.
   §  331.2.  TIMING  OF  DISCOVERY  AFTER  THE  INITIAL  APPEARANCE.  1.
 PRESENTMENT  AGENCY'S  PERFORMANCE  OF  OBLIGATIONS. (A) THE PRESENTMENT
 AGENCY SHALL PERFORM ITS INITIAL DISCOVERY OBLIGATIONS UNDER SUBDIVISION
 ONE OF SECTION 331.3 OF THIS PART AS SOON AS PRACTICABLE BUT  NOT  LATER
 THAN FIFTEEN CALENDAR DAYS AFTER THE RESPONDENT'S INITIAL APPEARANCE OR,
 IF  THE  RESPONDENT  IS IN DETENTION, NOT LATER THAN THREE DAYS PRIOR TO
 THE FIRST SCHEDULED FACT-FINDING HEARING DATE, OR SEVEN DAYS  AFTER  THE
 INITIAL  APPEARANCE, WHICHEVER IS EARLIER. PORTIONS OF MATERIALS CLAIMED
 TO BE NON-DISCOVERABLE MAY  BE  WITHHELD  PENDING  A  DETERMINATION  AND
 RULING  OF THE COURT UNDER SECTION 331.11 OF THIS PART; BUT THE RESPOND-
 ENT SHALL BE NOTIFIED IN WRITING THAT INFORMATION HAS NOT BEEN DISCLOSED
 UNDER A PARTICULAR SUBDIVISION OF THIS  SECTION,  AND  THE  DISCOVERABLE
 PORTIONS OF SUCH MATERIALS SHALL BE DISCLOSED TO THE EXTENT PRACTICABLE.
 WHEN  THE  DISCOVERABLE MATERIALS ARE EXCEPTIONALLY VOLUMINOUS, THE TIME
 PERIODS IN THIS PARAGRAPH MAY BE STAYED  BY  UP  TO  AN  ADDITIONAL  TEN
 CALENDAR DAYS OR, IF THE RESPONDENT IS IN DETENTION, UP TO AN ADDITIONAL
 PERIOD  OF  THREE DAYS WITHOUT NEED FOR A MOTION PURSUANT TO SUBDIVISION
 TWO OF SECTION 331.11 OF THIS PART.
   (B) THE PRESENTMENT AGENCY SHALL PERFORM  ITS  SUPPLEMENTAL  DISCOVERY
 OBLIGATIONS  UNDER  SUBDIVISION  THREE  OF SECTION 331.3 OF THIS PART AS
 SOON AS PRACTICABLE BUT NOT LATER THAN FIFTEEN CALENDAR  DAYS  PRIOR  TO
 THE  FIRST SCHEDULED FACT-FINDING HEARING DATE, UNLESS THE RESPONDENT IS
 IN DETENTION, IN WHICH CASE THE PRESENTMENT  AGENCY  SHALL  FULFILL  ITS
 SUPPLEMENTAL  DISCOVERY  OBLIGATIONS  NOT LATER THAN THREE DAYS PRIOR TO
 THE FIRST SCHEDULED FACT-FINDING HEARING DATE.
   2. RESPONDENT'S  PERFORMANCE  OF  OBLIGATIONS.  THE  RESPONDENT  SHALL
 PERFORM  HIS  OR  HER  DISCOVERY  OBLIGATIONS  UNDER SUBDIVISION FOUR OF
 SECTION 331.3 OF THIS PART NOT  LATER  THAN  TWENTY-FIVE  CALENDAR  DAYS
 AFTER  BEING SERVED WITH THE PRESENTMENT AGENCY'S CERTIFICATE OF COMPLI-
 ANCE PURSUANT TO SUBDIVISION TWO OF SECTION 331.6 OF THIS  PART  OR  NOT
 LATER  THAN THREE DAYS PRIOR TO THE FIRST SCHEDULED FACT-FINDING HEARING
 DATE, WHICHEVER IS EARLIER. PORTIONS OF MATERIALS CLAIMED TO BE NON-DIS-
 S. 4554--A                          3

 COVERABLE MAY BE WITHHELD PENDING A  DETERMINATION  AND  RULING  OF  THE
 COURT  UNDER  SECTION  331.11  OF  THIS PART; BUT THE PRESENTMENT AGENCY
 SHALL BE NOTIFIED IN WRITING THAT INFORMATION  HAS  NOT  BEEN  DISCLOSED
 UNDER A PARTICULAR SECTION.
   3. TIMING ADJUSTMENT. THE TIME PERIODS IN THIS SECTION MAY BE ADJUSTED
 BY  THE  COURT  UPON A FINDING OF GOOD CAUSE BASED UPON THE NEEDS OF THE
 CASE, THE DETENTION STATUS OF THE RESPONDENT AND THE NEED FOR A FAIR AND
 EXPEDITIOUS RESOLUTION OF THE PROCEEDING.
   § 331.3. AUTOMATIC DISCOVERY. 1. INITIAL DISCOVERY FOR THE RESPONDENT.
 THE PRESENTMENT AGENCY SHALL DISCLOSE TO THE RESPONDENT, AND PERMIT  THE
 RESPONDENT  TO  DISCOVER,  INSPECT, COPY, PHOTOGRAPH AND TEST, ALL ITEMS
 AND INFORMATION THAT RELATE TO THE SUBJECT MATTER OF THE CASE AND ARE IN
 THE POSSESSION, CUSTODY OR CONTROL OF THE PRESENTMENT AGENCY OR  PERSONS
 UNDER  THE  PRESENTMENT AGENCY'S DIRECTION OR CONTROL, INCLUDING BUT NOT
 LIMITED TO:
   (A) ALL WRITTEN OR RECORDED STATEMENTS, AND THE SUBSTANCE OF ALL  ORAL
 STATEMENTS,  MADE BY THE RESPONDENT OR A CO-RESPONDENT TO A PUBLIC SERV-
 ANT ENGAGED IN LAW ENFORCEMENT ACTIVITY OR TO A PERSON THEN ACTING UNDER
 HIS OR HER DIRECTION OR IN COOPERATION WITH HIM OR HER.
   (B) ALL TRANSCRIPTS OF THE TESTIMONY OF A  PERSON  WHO  HAS  TESTIFIED
 BEFORE  A GRAND JURY IN A RELATED CRIMINAL PROCEEDING, INCLUDING BUT NOT
 LIMITED TO THE RESPONDENT OR A  CO-RESPONDENT.  THE  PRESENTMENT  AGENCY
 SHALL  REQUEST  THAT  THE PROSECUTOR OF THE MATTER BEFORE THE GRAND JURY
 PROVIDE A TRANSCRIPT OF THE TESTIMONY AND, UPON RECEIPT OF THE  REQUEST,
 THE  PROSECUTOR  SHALL PROMPTLY APPLY TO THE APPROPRIATE CRIMINAL COURT,
 WITH WRITTEN NOTICE TO THE PRESENTMENT AGENCY AND THE RESPONDENT, FOR  A
 WRITTEN ORDER PURSUANT TO SECTION THREE HUNDRED TWENTY-FIVE OF THE JUDI-
 CIARY  LAW  RELEASING  A TRANSCRIPT TO THE PRESENTMENT AGENCY; PROVIDED,
 HOWEVER, THAT THE TRANSCRIPTS OF THE GRAND JURY PROCEEDINGS  IN  A  CASE
 REMOVED  FROM  THE  YOUTH PART PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-
 FIVE OF THE CRIMINAL PROCEDURE LAW SHALL BE ANNEXED TO THE  PETITION  OR
 TRANSFERRED  TO THE FAMILY COURT IN ACCORDANCE WITH SUBDIVISION SEVEN OF
 SECTION 311.1 OF THIS ARTICLE. IF IN THE EXERCISE  OF  REASONABLE  DILI-
 GENCE, AND DUE TO THE LIMITED AVAILABILITY OF TRANSCRIPTION RESOURCES, A
 TRANSCRIPT  IS  UNAVAILABLE FOR DISCLOSURE WITHIN THE TIME PERIOD SPECI-
 FIED IN SUBDIVISION ONE OF SECTION 331.2 OF THIS PART, SUCH TIME  PERIOD
 MAY  BE  STAYED  BY UP TO AN ADDITIONAL FIFTEEN CALENDAR DAYS OR, IF THE
 RESPONDENT IS IN DETENTION, AN ADDITIONAL PERIOD OF THREE DAYS,  WITHOUT
 NEED  FOR A MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 331.11 OF THIS
 PART; PROVIDED, HOWEVER, THAT SUCH DISCLOSURE SHALL BE MADE AS  SOON  AS
 PRACTICABLE  AND NOT LATER THAN FIFTEEN CALENDAR DAYS PRIOR TO THE FIRST
 SCHEDULED  FACT-FINDING  HEARING  DATE,  UNLESS  THE  RESPONDENT  IS  IN
 DETENTION,  IN  WHICH  CASE SUCH DISCLOSURE SHALL BE MADE NOT LATER THAN
 THREE DAYS PRIOR TO  THE  FIRST  SCHEDULED  FACT-FINDING  HEARING  DATE,
 UNLESS  AN  ORDER  IS  OBTAINED PURSUANT TO SECTION 331.11 OF THIS PART.
 WHEN THE COURT  IS  REQUIRED  TO  REVIEW  GRAND  JURY  TRANSCRIPTS,  THE
 PRESENTMENT  AGENCY  SHALL  DISCLOSE SUCH TRANSCRIPTS TO THE COURT EXPE-
 DITIOUSLY UPON RECEIPT BY SUCH  AGENCY,  NOTWITHSTANDING  THE  OTHERWISE
 APPLICABLE TIME PERIODS FOR DISCLOSURE IN THIS PART.
   (C)  THE  NAMES  OF, AND ADEQUATE ALTERNATIVE CONTACT INFORMATION FOR,
 ALL PERSONS OTHER THAN LAW ENFORCEMENT PERSONNEL  WHOM  THE  PRESENTMENT
 AGENCY  KNOWS  TO  HAVE  EVIDENCE  OR INFORMATION RELEVANT TO ANY ACT OF
 JUVENILE DELINQUENCY  CHARGED  OR  TO  ANY  POTENTIAL  DEFENSE  THERETO,
 INCLUDING  A  DESIGNATION BY THE PRESENTMENT AGENCY 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
 S. 4554--A                          4
 
 MOTION AND GOOD CAUSE SHOWN THE COURT MAY DIRECT  THE  DISCLOSURE  OF  A
 PHYSICAL  RESIDENCE.  INFORMATION  UNDER  THIS SUBDIVISION RELATING TO A
 CONFIDENTIAL INFORMANT MAY BE  WITHHELD,  AND  REDACTED  FROM  DISCOVERY
 MATERIALS,  WITHOUT NEED FOR A MOTION PURSUANT TO SECTION 331.11 OF THIS
 PART; BUT THE PRESENTMENT AGENCY SHALL NOTIFY THE RESPONDENT IN  WRITING
 THAT  SUCH  INFORMATION  HAS  NOT BEEN DISCLOSED, UNLESS THE COURT RULES
 OTHERWISE FOR GOOD CAUSE SHOWN.
   (D) THE NAME AND WORK AFFILIATION OF  ALL  LAW  ENFORCEMENT  PERSONNEL
 WHOM  THE PRESENTMENT AGENCY KNOWS TO HAVE EVIDENCE OR INFORMATION RELE-
 VANT TO ANY OFFENSE CHARGED OR TO ANY POTENTIAL DEFENSE THERETO, INCLUD-
 ING A DESIGNATION BY THE PRESENTMENT AGENCY AS TO WHICH OF THOSE PERSONS
 MAY BE CALLED AS WITNESSES. INFORMATION UNDER THIS SUBDIVISION  RELATING
 TO  UNDERCOVER  PERSONNEL  MAY  BE WITHHELD, AND REDACTED FROM DISCOVERY
 MATERIALS, WITHOUT NEED FOR A MOTION PURSUANT TO SECTION 331.11 OF  THIS
 PART;  BUT THE PRESENTMENT AGENCY SHALL NOTIFY THE RESPONDENT IN WRITING
 THAT SUCH INFORMATION HAS NOT BEEN DISCLOSED,  UNLESS  THE  COURT  RULES
 OTHERWISE FOR GOOD CAUSE SHOWN.
   (E)  ALL  STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING
 OR RECORDING, MADE BY PERSONS WHO HAVE EVIDENCE OR INFORMATION  RELEVANT
 TO  ANY  OFFENSE  CHARGED OR TO ANY POTENTIAL DEFENSE THERETO, INCLUDING
 ALL POLICE REPORTS, NOTES OF POLICE AND  OTHER  INVESTIGATORS,  AND  LAW
 ENFORCEMENT  AGENCY  REPORTS.  THIS  PROVISION ALSO INCLUDES STATEMENTS,
 WRITTEN OR RECORDED OR  SUMMARIZED  IN  ANY  WRITING  OR  RECORDING,  BY
 PERSONS TO BE CALLED AS WITNESSES AT PRE-FACT-FINDING HEARINGS.
   (F)  EXPERT  OPINION  EVIDENCE,  INCLUDING THE NAME, BUSINESS ADDRESS,
 CURRENT CURRICULUM VITAE, A LIST OF PUBLICATIONS,  AND  ALL  PROFICIENCY
 TESTS  AND  RESULTS  ADMINISTERED  OR TAKEN IN THE CURRENT EMPLOYMENT OR
 WITHIN THE PAST TEN YEARS, WHICHEVER IS LONGER, OF EACH  EXPERT  WITNESS
 WHOM  THE  PRESENTMENT  AGENCY INTENDS TO CALL AS A WITNESS AT THE FACT-
 FINDING HEARING OR AT  A  PRE-TRIAL  MOTION  HEARING,  AND  ALL  REPORTS
 PREPARED  BY  THE  EXPERT  THAT  PERTAIN TO THE CASE, OR IF NO REPORT IS
 PREPARED, A WRITTEN STATEMENT OF THE FACTS AND  OPINIONS  TO  WHICH  THE
 EXPERT  IS  EXPECTED  TO  TESTIFY  AND A SUMMARY OF THE GROUNDS FOR EACH
 OPINION. IF IN THE EXERCISE OF REASONABLE DILIGENCE THIS INFORMATION  IS
 UNAVAILABLE  FOR DISCLOSURE WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVI-
 SION ONE OF SECTION 331.2 OF THIS PART,  THAT  PERIOD  SHALL  BE  STAYED
 WITHOUT  NEED FOR A MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 331.11
 OF THIS PART; EXCEPT  THAT  THE  PRESENTMENT  AGENCY  SHALL  NOTIFY  THE
 RESPONDENT  IN WRITING THAT SUCH INFORMATION HAS NOT BEEN DISCLOSED, AND
 SUCH DISCLOSURE SHALL BE MADE AS SOON AS PRACTICABLE AND NOT LATER  THAN
 FIFTEEN  CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED FACT-FINDING HEARING
 DATE, OR, IF THE RESPONDENT IS IN DETENTION, NOT LATER THAN  THREE  DAYS
 PRIOR  TO THE FIRST SCHEDULED FACT-FINDING HEARING DATE, UNLESS AN ORDER
 IS OBTAINED PURSUANT TO SECTION 331.11 OF THIS PART. WHEN  THE  PRESENT-
 MENT  AGENCY'S  EXPERT WITNESS IS BEING CALLED IN RESPONSE TO DISCLOSURE
 OF AN EXPERT WITNESS BY THE RESPONDENT, THE COURT SHALL ALTER  A  SCHED-
 ULED  FACT-FINDING  HEARING DATE, IF NECESSARY, TO ALLOW THE PRESENTMENT
 AGENCY FIFTEEN CALENDAR DAYS TO MAKE THE DISCLOSURE AND  THE  RESPONDENT
 FIFTEEN  CALENDAR  DAYS  TO  PREPARE  AND  RESPOND TO THE NEW MATERIALS,
 UNLESS THE RESPONDENT IS IN DETENTION, IN WHICH CASE THE COURT MAY ALTER
 THE SCHEDULED FACT-FINDING HEARING DATE,  IF  NECESSARY,  TO  ALLOW  THE
 PRESENTMENT  AGENCY  AN ADDITIONAL THREE DAYS TO MAKE THE DISCLOSURE AND
 THE RESPONDENT THREE DAYS TO PREPARE AND RESPOND TO THE NEW MATERIALS.
   (G) ALL TAPES OR OTHER ELECTRONIC RECORDINGS, INCLUDING ALL ELECTRONIC
 RECORDINGS OF 911 TELEPHONE CALLS MADE OR RECEIVED  IN  CONNECTION  WITH
 THE  ALLEGED  INCIDENT OF JUVENILE DELINQUENCY, AND A DESIGNATION BY THE
 S. 4554--A                          5
 
 PRESENTMENT AGENCY AS TO WHICH OF THE RECORDINGS  UNDER  THIS  PARAGRAPH
 THE PRESENTMENT AGENCY INTENDS TO INTRODUCE AT FACT-FINDING HEARING OR A
 PRE-TRIAL MOTION HEARING. IF THE DISCOVERABLE MATERIALS UNDER THIS PARA-
 GRAPH  EXCEED  TEN  HOURS  IN  TOTAL  LENGTH, THE PRESENTMENT AGENCY MAY
 DISCLOSE ONLY THE RECORDINGS THAT IT INTENDS TO INTRODUCE AT  FACT-FIND-
 ING  HEARING  OR  A  PRE-FACT-FINDING  HEARING, ALONG WITH A LIST OF THE
 SOURCE AND APPROXIMATE QUANTITY OF OTHER RECORDINGS  AND  THEIR  GENERAL
 SUBJECT  MATTER  IF  KNOWN, AND THE RESPONDENT SHALL HAVE THE RIGHT UPON
 REQUEST TO OBTAIN RECORDINGS NOT PREVIOUSLY DISCLOSED.  THE  PRESENTMENT
 AGENCY SHALL DISCLOSE THE REQUESTED MATERIALS AS SOON AS PRACTICABLE AND
 NOT  LESS THAN FIFTEEN CALENDAR DAYS AFTER THE RESPONDENT'S REQUEST, OR,
 IF THE RESPONDENT IS IN DETENTION, NOT LESS THAN THREE  DAYS  AFTER  THE
 RESPONDENT'S  REQUEST,  UNLESS  AN ORDER IS OBTAINED PURSUANT TO SECTION
 331.11 OF THIS PART.
   (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 PRESENTMENT AGENCY INTENDS TO CALL AS A WITNESS AT FACT-FINDING OR A
 PRE-TRIAL MOTION HEARING OR WHICH RELATE TO THE SUBJECT  MATTER  OF  THE
 PROCEEDING.
   (I)  ALL  PHOTOGRAPHS, PHOTOCOPIES AND REPRODUCTIONS MADE BY OR AT THE
 DIRECTION OF LAW ENFORCEMENT PERSONNEL OF  ANY  PROPERTY  PRIOR  TO  ITS
 RELEASE.
   (J)  ALL  REPORTS, DOCUMENTS, RECORDS, DATA, CALCULATIONS OR WRITINGS,
 INCLUDING BUT NOT LIMITED TO PRELIMINARY TESTS AND SCREENING RESULTS AND
 BENCH NOTES AND ANALYSES PERFORMED OR STORED ELECTRONICALLY,  CONCERNING
 PHYSICAL  OR  MENTAL EXAMINATIONS, OR SCIENTIFIC TESTS OR EXPERIMENTS OR
 COMPARISONS, RELATING TO THE JUVENILE DELINQUENCY PROCEEDING WHICH  WERE
 MADE  BY  OR  AT THE REQUEST OR DIRECTION OF A PUBLIC SERVANT ENGAGED IN
 LAW ENFORCEMENT ACTIVITY, OR WHICH  WERE  MADE  BY  A  PERSON  WHOM  THE
 PRESENTMENT  AGENCY  INTENDS  TO  CALL AS A WITNESS AT FACT-FINDING OR A
 PRE-TRIAL MOTION HEARING, OR WHICH THE  PRESENTMENT  AGENCY  INTENDS  TO
 INTRODUCE  AT  FACT-FINDING  OR A PRE-TRIAL MOTION HEARING.  INFORMATION
 UNDER THIS PARAGRAPH ALSO INCLUDES, BUT IS NOT  LIMITED  TO,  LABORATORY
 INFORMATION  MANAGEMENT  SYSTEM  RECORDS RELATING TO SUCH MATERIALS, ANY
 PRELIMINARY OR FINAL FINDINGS  OF  NON-CONFORMANCE  WITH  ACCREDITATION,
 INDUSTRY  OR  GOVERNMENTAL  STANDARDS  OR  LABORATORY PROTOCOLS, AND ANY
 CONFLICTING ANALYSES OR RESULTS BY LABORATORY  PERSONNEL  REGARDLESS  OF
 THE  LABORATORY'S  FINAL  ANALYSIS OR RESULTS. IF THE PRESENTMENT AGENCY
 SUBMITTED ONE OR MORE ITEMS FOR TESTING TO, OR RECEIVED RESULTS FROM,  A
 FORENSIC  SCIENCE LABORATORY OR SIMILAR ENTITY NOT UNDER THE PRESENTMENT
 AGENCY'S DIRECTION OR CONTROL, THE COURT ON  MOTION  OF  A  PARTY  SHALL
 ISSUE  SUBPOENAS OR ORDERS TO SUCH LABORATORY OR ENTITY TO CAUSE MATERI-
 ALS UNDER THIS PARAGRAPH TO BE MADE AVAILABLE FOR DISCLOSURE.
   (K) ALL EVIDENCE AND INFORMATION, INCLUDING THAT  WHICH  IS  KNOWN  TO
 POLICE  OR  OTHER  LAW  ENFORCEMENT  AGENCIES ACTING ON THE GOVERNMENT'S
 BEHALF IN THE CASE, THAT TENDS TO: (I) NEGATE THE RESPONDENT'S GUILT  AS
 TO  A  CHARGED ACT OF JUVENILE DELINQUENCY; (II) REDUCE THE DEGREE OF OR
 MITIGATE THE RESPONDENT'S CULPABILITY AS TO A CHARGED  ACT  OF  JUVENILE
 DELINQUENCY; (III) SUPPORT A POTENTIAL DEFENSE TO A CHARGED ACT OF JUVE-
 NILE  DELINQUENCY; (IV) IMPEACH THE CREDIBILITY OF A TESTIFYING PRESENT-
 MENT AGENCY WITNESS; (V) UNDERMINE EVIDENCE OF THE RESPONDENT'S IDENTITY
 AS A PERPETRATOR OF A CHARGED ACT OF JUVENILE DELINQUENCY; (VI)  PROVIDE
 A  BASIS  FOR  A  MOTION  TO  SUPPRESS  EVIDENCE;  OR (VII) MITIGATE THE
 RESTRICTIVENESS OF THE DISPOSITION. INFORMATION UNDER  THIS  SUBDIVISION
 SHALL BE DISCLOSED WHETHER OR NOT SUCH INFORMATION IS RECORDED IN TANGI-
 BLE  FORM AND IRRESPECTIVE OF WHETHER THE PRESENTMENT AGENCY CREDITS THE
 S. 4554--A                          6
 
 INFORMATION. THE PRESENTMENT AGENCY SHALL DISCLOSE THE INFORMATION EXPE-
 DITIOUSLY UPON ITS RECEIPT AND SHALL  NOT  DELAY  DISCLOSURE  IF  IT  IS
 OBTAINED  EARLIER THAN THE TIME PERIOD FOR DISCLOSURE IN SUBDIVISION ONE
 OF SECTION 331.2 OF THIS PART.
   (L)  A SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS MADE TO, OR IN
 FAVOR OF, PERSONS WHO MAY BE CALLED AS WITNESSES, AS  WELL  AS  REQUESTS
 FOR  CONSIDERATION  BY PERSONS WHO MAY BE CALLED AS WITNESSES AND COPIES
 OF ALL DOCUMENTS RELEVANT TO A PROMISE, REWARD OR INDUCEMENT.
   (M) A LIST  OF  ALL  TANGIBLE  OBJECTS  OBTAINED  FROM,  OR  ALLEGEDLY
 POSSESSED  BY, THE RESPONDENT OR A CO-RESPONDENT. THE LIST SHALL INCLUDE
 A DESIGNATION BY THE PRESENTMENT AGENCY AS TO WHICH OBJECTS  WERE  PHYS-
 ICALLY  OR CONSTRUCTIVELY POSSESSED BY THE RESPONDENT AND WERE RECOVERED
 DURING A SEARCH OR SEIZURE BY A PUBLIC SERVANT OR AN AGENT THEREOF,  AND
 WHICH  TANGIBLE  OBJECTS  WERE RECOVERED BY A PUBLIC SERVANT OR AN AGENT
 THEREOF AFTER ALLEGEDLY  BEING  ABANDONED  BY  THE  RESPONDENT.  IF  THE
 PRESENTMENT  AGENCY  INTENDS TO PROVE THE RESPONDENT'S POSSESSION OF ANY
 TANGIBLE OBJECTS BY MEANS OF A STATUTORY PRESUMPTION OF  POSSESSION,  IT
 SHALL  DESIGNATE  SUCH  INTENTION  AS TO EACH SUCH OBJECT. IF REASONABLY
 PRACTICABLE, THE PRESENTMENT AGENCY SHALL ALSO  DESIGNATE  THE  LOCATION
 FROM  WHICH EACH TANGIBLE OBJECT WAS RECOVERED. THERE IS ALSO A RIGHT TO
 INSPECT, COPY, PHOTOGRAPH AND TEST THE LISTED TANGIBLE OBJECTS.
   (N) WHETHER A SEARCH WARRANT  HAS  BEEN  EXECUTED  AND  ALL  DOCUMENTS
 RELATING  THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANT, THE WARRANT
 APPLICATION, SUPPORTING AFFIDAVITS, A POLICE INVENTORY OF  ALL  PROPERTY
 SEIZED  UNDER  THE  WARRANT,  AND A TRANSCRIPT OF ALL TESTIMONY OR OTHER
 ORAL COMMUNICATIONS OFFERED IN SUPPORT OF THE WARRANT APPLICATION.
   (O) ALL TANGIBLE PROPERTY THAT RELATES TO THE SUBJECT  MATTER  OF  THE
 CASE,  ALONG  WITH  A  DESIGNATION OF WHICH ITEMS THE PRESENTMENT AGENCY
 INTENDS TO INTRODUCE IN ITS CASE-IN-CHIEF AT FACT-FINDING HEARING OR  AT
 A  PRE-TRIAL  MOTION HEARING. IF IN THE EXERCISE OF REASONABLE DILIGENCE
 THE PRESENTMENT AGENCY HAS NOT FORMED AN INTENTION WITHIN THE TIME PERI-
 OD SPECIFIED IN SUBDIVISION ONE OF SECTION 331.2 OF THIS  PART  THAT  AN
 ITEM  UNDER THIS PARAGRAPH WILL BE INTRODUCED AT FACT-FINDING HEARING OR
 AT A PRE-TRIAL MOTION HEARING, THE PRESENTMENT AGENCY SHALL  NOTIFY  THE
 RESPONDENT  IN  WRITING, AND THE TIME PERIOD IN WHICH TO DESIGNATE ITEMS
 AS EXHIBITS SHALL BE STAYED WITHOUT NEED FOR A MOTION PURSUANT TO SUBDI-
 VISION TWO OF SECTION 331.11 OF THIS PART; BUT THE DISCLOSURE  SHALL  BE
 MADE  AS  SOON  AS PRACTICABLE, BUT NOT LATER THAN FIFTEEN CALENDAR DAYS
 PRIOR TO THE FIRST  SCHEDULED  FACT-FINDING  HEARING  DATE,  UNLESS  THE
 RESPONDENT  IS IN DETENTION, IN WHICH CASE SUCH DISCLOSURE SHALL BE MADE
 NO LATER THAN THREE DAYS PRIOR TO THE FIRST SCHEDULED FACT-FINDING HEAR-
 ING DATE. ALL PROPERTY UNDER THIS PARAGRAPH IS SUBJECT TO THE CONTINUING
 DUTY TO DISCLOSE PURSUANT TO SECTION 331.9 OF THIS PART.
   (P) THE RESULTS OF COMPLETE CHECKS OF JUVENILE DELINQUENCY FINGERPRINT
 RECORDS OR CRIMINAL HISTORY RECORDS,  AS  APPLICABLE,  AS  WELL  AS  ANY
 HISTORY  OF  JUVENILE DELINQUENCY ADJUDICATIONS KNOWN TO THE PRESENTMENT
 AGENCY AND NOT SEALED, FOR ALL RESPONDENTS AND ALL PERSONS DESIGNATED AS
 POTENTIAL PRESENTMENT AGENCY WITNESSES PURSUANT TO PARAGRAPH (C) OF THIS
 SUBDIVISION, OTHER THAN THOSE WITNESSES WHO ARE EXPERTS.
   (Q) WHEN IT IS KNOWN TO THE PRESENTMENT AGENCY, THE EXISTENCE  OF  ANY
 PENDING  CRIMINAL  ACTION  AGAINST  ALL  PERSONS DESIGNATED AS POTENTIAL
 PRESENTMENT AGENCY WITNESSES PURSUANT TO PARAGRAPH (C) OF THIS  SUBDIVI-
 SION.
   (R)  THE  APPROXIMATE  DATE, TIME AND PLACE OF THE OFFENSE OR OFFENSES
 CHARGED AND OF THE RESPONDENT'S SEIZURE AND ARREST.
 S. 4554--A                          7
 
   (S) IN ANY JUVENILE DELINQUENCY PROCEEDING ALLEGING A VIOLATION OF THE
 VEHICLE AND TRAFFIC LAW,  ALL  RECORDS  OF  CALIBRATION,  CERTIFICATION,
 INSPECTION,  REPAIR  OR MAINTENANCE OF MACHINES AND INSTRUMENTS UTILIZED
 TO PERFORM ANY SCIENTIFIC  TESTS  AND  EXPERIMENTS,  INCLUDING  BUT  NOT
 LIMITED  TO  ANY  TEST OF A PERSON'S BREATH, BLOOD, URINE OR SALIVA, FOR
 THE PERIOD OF SIX MONTHS PRIOR  AND  SIX  MONTHS  AFTER  SUCH  TEST  WAS
 CONDUCTED,  INCLUDING  THE  RECORDS OF GAS CHROMATOGRAPHY RELATED TO THE
 CERTIFICATION OF ALL REFERENCE STANDARDS AND THE  CERTIFICATION  CERTIF-
 ICATE, IF ANY, HELD BY THE OPERATOR OF THE MACHINE OR INSTRUMENT.
   (T)  ANY  PRESENTMENT AGENCY ALLEGING A VIOLATION OF SECTION 156.05 OR
 156.10 OF THE PENAL LAW, THE  TIME,  PLACE  AND  MANNER  SUCH  VIOLATION
 OCCURRED.
   (U)  (I)  A  COPY  OF ALL ELECTRONICALLY CREATED OR STORED INFORMATION
 SEIZED OR OBTAINED BY OR ON BEHALF OF  LAW  ENFORCEMENT  FROM:  (A)  THE
 RESPONDENT AS DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH; OR (B) A
 SOURCE  OTHER THAN THE RESPONDENT WHICH RELATES TO THE SUBJECT MATTER OF
 THE PROCEEDING.
   (II) IF THE ELECTRONICALLY CREATED OR  STORED  INFORMATION  ORIGINATES
 FROM  A  DEVICE, ACCOUNT, OR OTHER ELECTRONICALLY STORED SOURCE THAT THE
 PRESENTMENT AGENCY BELIEVES THE RESPONDENT  OWNED,  MAINTAINED,  OR  HAD
 LAWFUL ACCESS TO AND IS WITHIN THE POSSESSION, CUSTODY OR CONTROL OF THE
 PRESENTMENT  AGENCY  OR PERSONS UNDER THE PRESENTMENT AGENCY'S DIRECTION
 OR CONTROL, THE PRESENTMENT AGENCY SHALL PROVIDE A COMPLETE COPY OF  THE
 ELECTRONICALLY  CREATED OR STORED INFORMATION FROM THE DEVICE OR ACCOUNT
 OR OTHER SOURCE, AND A DESIGNATION BY THE PRESENTMENT AGENCY AS TO WHICH
 PORTIONS IT INTENDS TO INTRODUCE.
   (III) IF POSSESSION OF SUCH ELECTRONICALLY CREATED OR STORED  INFORMA-
 TION  WOULD  BE A CRIME IF COMMITTED BY AN ADULT UNDER NEW YORK STATE OR
 FEDERAL LAW, THE PRESENTMENT AGENCY SHALL MAKE  THOSE  PORTIONS  OF  THE
 ELECTRONICALLY  CREATED  OR  STORED INFORMATION THAT ARE NOT CRIMINAL TO
 POSSESS AVAILABLE AS SPECIFIED UNDER THIS  PARAGRAPH  AND  SHALL  AFFORD
 COUNSEL  FOR  THE  RESPONDENT ACCESS TO INSPECT CONTRABAND PORTIONS AT A
 SUPERVISED LOCATION THAT PROVIDES REGULAR AND REASONABLE HOURS FOR  SUCH
 ACCESS, SUCH AS A PRESENTMENT AGENCY'S OFFICE, POLICE STATION, OR COURT.
   (IV)  THIS  PARAGRAPH  SHALL  NOT  BE CONSTRUED TO ALTER OR IN ANY WAY
 AFFECT THE RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND  SEIZURES  OR
 SUCH  OTHER  RIGHTS  A  SUSPECT  OR RESPONDENT MAY DERIVE FROM THE STATE
 CONSTITUTION OR THE UNITED STATES CONSTITUTION. IF IN  THE  EXERCISE  OF
 REASONABLE  DILIGENCE THE INFORMATION UNDER THIS PARAGRAPH IS NOT AVAIL-
 ABLE FOR DISCLOSURE WITHIN THE TIME PERIOD REQUIRED BY  SUBDIVISION  ONE
 OF  SECTION 331.2 OF THIS PART, THAT PERIOD SHALL BE STAYED WITHOUT NEED
 FOR A MOTION PURSUANT TO SUBDIVISION TWO OF SECTION 331.11 OF THIS PART,
 EXCEPT THAT THE PRESENTMENT AGENCY SHALL NOTIFY THE RESPONDENT IN  WRIT-
 ING  THAT  SUCH  INFORMATION HAS NOT BEEN DISCLOSED, AND SUCH DISCLOSURE
 SHALL BE MADE AS SOON AS PRACTICABLE AND NOT LATER THAN FIFTEEN CALENDAR
 DAYS PRIOR TO THE FIRST SCHEDULED FACT-FINDING HEARING DATE OR,  IF  THE
 RESPONDENT  IS IN DETENTION, SUCH DISCLOSURE SHALL BE MADE NO LATER THAN
 THREE DAYS PRIOR TO  THE  FIRST  SCHEDULED  FACT-FINDING  HEARING  DATE,
 UNLESS AN ORDER IS OBTAINED PURSUANT TO SECTION 331.11 OF THIS PART.
   2. DUTIES OF THE PRESENTMENT AGENCY. THE PRESENTMENT AGENCY SHALL MAKE
 A  DILIGENT, GOOD FAITH EFFORT TO ASCERTAIN THE EXISTENCE OF MATERIAL OR
 INFORMATION DISCOVERABLE UNDER SUBDIVISION ONE OF THIS  SECTION  AND  TO
 CAUSE  SUCH  MATERIAL  OR INFORMATION TO BE MADE AVAILABLE FOR DISCOVERY
 WHERE IT EXISTS BUT IS NOT WITHIN THE PRESENTMENT  AGENCY'S  POSSESSION,
 CUSTODY  OR  CONTROL;  PROVIDED THAT THE PRESENTMENT AGENCY SHALL NOT BE
 REQUIRED TO OBTAIN BY SUBPOENA DUCES TECUM MATERIAL OR INFORMATION WHICH
 S. 4554--A                          8
 
 THE RESPONDENT MAY THEREBY OBTAIN. FOR PURPOSES OF  SUBDIVISION  ONE  OF
 THIS SECTION, ALL ITEMS AND INFORMATION RELATED TO THE PRESENTMENT AGEN-
 CY  OF  A CHARGE IN THE POSSESSION OF ANY NEW YORK STATE OR LOCAL POLICE
 OR  LAW  ENFORCEMENT  AGENCY, AND ANY INFORMATION IN THE POSSESSION OF A
 LABORATORY HAVING CONTACT WITH EVIDENCE RELATED TO THE PRESENTMENT AGEN-
 CY OF A CHARGE, SHALL BE DEEMED TO BE IN THE POSSESSION OF THE  PRESENT-
 MENT  AGENCY.  THIS SUBDIVISION SHALL NOT REQUIRE THE PRESENTMENT AGENCY
 TO ASCERTAIN THE EXISTENCE OF WITNESSES  NOT  KNOWN  TO  THE  POLICE  OR
 ANOTHER  LAW  ENFORCEMENT  AGENCY, OR THE WRITTEN OR RECORDED STATEMENTS
 THEREOF, UNDER PARAGRAPH (C) OR (E) OF SUBDIVISION ONE OF THIS SECTION.
   3. SUPPLEMENTAL DISCOVERY FOR THE RESPONDENT. THE  PRESENTMENT  AGENCY
 SHALL  DISCLOSE  TO  THE RESPONDENT A LIST OF ALL MISCONDUCT AND ACTS OF
 JUVENILE DELINQUENCY OF THE RESPONDENT  NOT  CHARGED  IN  THE  PETITION,
 WHICH  THE PRESENTMENT AGENCY INTENDS TO USE AT FACT-FINDING HEARING FOR
 PURPOSES OF (A) IMPEACHING THE CREDIBILITY OF THE RESPONDENT, OR (B)  AS
 SUBSTANTIVE  PROOF OF ANY MATERIAL ISSUE IN THE PROCEEDING. IN ADDITION,
 THE PRESENTMENT AGENCY SHALL DESIGNATE WHETHER IT INTENDS  TO  USE  EACH
 LISTED ACT FOR IMPEACHMENT AND/OR AS SUBSTANTIVE PROOF.
   4. RECIPROCAL DISCOVERY FOR THE PRESENTMENT AGENCY. (A) THE RESPONDENT
 SHALL,  SUBJECT  TO CONSTITUTIONAL LIMITATIONS, DISCLOSE TO THE PRESENT-
 MENT AGENCY, AND PERMIT THE PRESENTMENT  AGENCY  TO  DISCOVER,  INSPECT,
 COPY  OR  PHOTOGRAPH,  ANY  MATERIAL  AND  RELEVANT  EVIDENCE WITHIN THE
 RESPONDENT'S OR COUNSEL FOR THE RESPONDENT'S POSSESSION OR CONTROL  THAT
 IS  DISCOVERABLE  UNDER  PARAGRAPHS  (F),  (G), (H), (J), (L) AND (O) OF
 SUBDIVISION ONE OF THIS SECTION, WHICH THE RESPONDENT INTENDS TO  INTRO-
 DUCE  AT  FACT-FINDING  OR  A  PRE-TRIAL  MOTION HEARING, AND THE NAMES,
 ADDRESSES, BIRTH DATES, AND  ALL  STATEMENTS,  WRITTEN  OR  RECORDED  OR
 SUMMARIZED  IN ANY WRITING OR RECORDING, OF THOSE PERSONS OTHER THAN THE
 RESPONDENT WHOM THE RESPONDENT INTENDS TO CALL  AS  WITNESSES  AT  FACT-
 FINDING HEARING OR AT A PRE-TRIAL MOTION HEARING.
   (B)  DISCLOSURE  OF THE NAME, ADDRESS, BIRTH DATE, AND ALL STATEMENTS,
 WRITTEN OR RECORDED OR SUMMARIZED IN ANY  WRITING  OR  RECORDING,  OF  A
 PERSON  WHOM  THE  RESPONDENT  INTENDS TO CALL AS A WITNESS FOR THE SOLE
 PURPOSE OF IMPEACHING A PRESENTMENT AGENCY WITNESS IS NOT REQUIRED UNTIL
 AFTER THE PRESENTMENT AGENCY WITNESS HAS TESTIFIED AT FACT-FINDING HEAR-
 ING.
   (C) IF IN  THE  EXERCISE  OF  REASONABLE  DILIGENCE  THE  RECIPROCALLY
 DISCOVERABLE  INFORMATION  UNDER PARAGRAPH (F) OR (O) OF SUBDIVISION ONE
 OF THIS SECTION IS UNAVAILABLE FOR DISCLOSURE  WITHIN  THE  TIME  PERIOD
 SPECIFIED  IN  SUBDIVISION  TWO OF SECTION 331.2 OF THIS PART, SUCH TIME
 PERIOD SHALL BE STAYED WITHOUT NEED FOR A MOTION PURSUANT TO SUBDIVISION
 TWO OF SECTION 331.11 OF THIS PART; BUT THE DISCLOSURE SHALL BE MADE  AS
 SOON  AS  PRACTICABLE,  PROVIDED,  HOWEVER, THAT IF THE RESPONDENT IS IN
 DETENTION, SUCH DISCLOSURE SHALL BE MADE NO LATER THAN THREE DAYS  PRIOR
 TO  THE  FIRST  SCHEDULED  FACT-FINDING HEARING DATE.   ALL RECIPROCALLY
 DISCOVERABLE INFORMATION  UNDER  THIS  SUBDIVISION  IS  SUBJECT  TO  THE
 CONTINUING DUTY TO DISCLOSE PURSUANT TO SECTION 331.9 OF THIS PART.
   5.  STAY  OF  AUTOMATIC  DISCOVERY; REMEDIES AND SANCTIONS.   SECTIONS
 331.1 AND 331.2 OF THIS PART AND SUBDIVISIONS ONE, TWO, THREE  AND  FOUR
 OF  THIS  SECTION  SHALL HAVE THE FORCE AND EFFECT OF A COURT ORDER, AND
 FAILURE TO PROVIDE DISCOVERY PURSUANT TO SUCH SECTION OR SUBDIVISION MAY
 RESULT IN APPLICATION OF ANY REMEDIES OR SANCTIONS  PERMITTED  FOR  NON-
 COMPLIANCE  WITH A COURT ORDER UNDER SECTION 331.12 OF THIS PART. HOWEV-
 ER, IF IN THE JUDGMENT OF EITHER PARTY, GOOD CAUSE EXISTS FOR  DECLINING
 TO  MAKE ANY OF THE DISCLOSURES SET FORTH ABOVE, SUCH PARTY MAY MOVE FOR
 A  PROTECTIVE  ORDER  PURSUANT  TO  SECTION  331.11  OF  THIS  PART  AND
 S. 4554--A                          9

 PRODUCTION  OF  THE  ITEM SHALL BE STAYED PENDING A RULING BY THE COURT.
 THE OPPOSING PARTY SHALL BE NOTIFIED IN WRITING THAT INFORMATION HAS NOT
 BEEN DISCLOSED UNDER A PARTICULAR SECTION.  WHEN SOME PARTS OF  MATERIAL
 OR  INFORMATION  ARE  DISCOVERABLE  BUT  IN THE JUDGMENT OF A PARTY GOOD
 CAUSE EXISTS FOR DECLINING TO DISCLOSE  OTHER  PARTS,  THE  DISCOVERABLE
 PARTS  SHALL  BE DISCLOSED AND THE DISCLOSING PARTY SHALL GIVE NOTICE IN
 WRITING THAT NON-DISCOVERABLE PARTS HAVE BEEN WITHHELD.
   6. REDACTIONS PERMITTED.  EITHER  PARTY  MAY  REDACT  SOCIAL  SECURITY
 NUMBERS AND TAX NUMBERS FROM DISCLOSURES UNDER THIS PART.
   7.  PRESUMPTION  OF OPENNESS. THERE SHALL BE A PRESUMPTION IN FAVOR OF
 DISCLOSURE WHEN INTERPRETING SECTIONS 331.1, 331.2  AND  331.4  OF  THIS
 PART AND SUBDIVISION ONE OF THIS SECTION.
   § 331.4. DISCLOSURE PRIOR TO AN ADMISSION BY THE RESPONDENT; WAIVER OF
 DISCOVERY  BY RESPONDENT.  1. DISCLOSURE OF CRIME. WHERE THE PRESENTMENT
 AGENCY HAS MADE AN OFFER TO ACCEPT  AN  ADMISSION  PURSUANT  TO  SECTION
 321.3 OF THIS ARTICLE TO AN ACT THAT, IF COMMITTED BY AN ADULT, WOULD BE
 A  CRIME,  THE  PRESENTMENT AGENCY SHALL DISCLOSE TO THE RESPONDENT, AND
 PERMIT THE RESPONDENT TO DISCOVER, INSPECT, COPY, PHOTOGRAPH  AND  TEST,
 ALL  ITEMS AND INFORMATION THAT WOULD BE DISCOVERABLE PRIOR TO THE FACT-
 FINDING HEARING UNDER SUBDIVISION ONE OF SECTION 331.3 OF THIS PART  AND
 ARE IN THE POSSESSION, CUSTODY OR CONTROL OF THE PRESENTMENT AGENCY. THE
 PRESENTMENT AGENCY SHALL DISCLOSE THE DISCOVERABLE ITEMS AND INFORMATION
 NOT  LESS  THAN  THREE CALENDAR DAYS PRIOR TO THE EXPIRATION DATE OF THE
 OFFER BY THE PRESENTMENT AGENCY FOR THE RESPONDENT TO MAKE AN  ADMISSION
 OR  ANY  DEADLINE IMPOSED BY THE COURT FOR ACCEPTANCE OF THE OFFER OF AN
 ADMISSION.
   2. TIMING OF DISCLOSURE. IF THE PRESENTMENT  AGENCY  DOES  NOT  COMPLY
 WITH  THE  REQUIREMENTS  OF  THIS SUBDIVISION, THEN, NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW, SUCH OFFER SHALL  BE  DEEMED  AVAILABLE  TO  THE
 RESPONDENT  UNTIL  THREE  CALENDAR DAYS AFTER THE PRESENTMENT AGENCY HAS
 COMPLIED,  ABSENT  EXTRAORDINARY  CIRCUMSTANCES  INVOLVING  NEW  ADVERSE
 INFORMATION  BEARING  ON  THE  RESPONDENT OCCURRING OR DISCOVERED IN THE
 INTERIM THAT, AFTER APPROPRIATE NOTICE AND AN OPPORTUNITY FOR A HEARING,
 ARE SHOWN BY THE PRESENTMENT AGENCY AND FOUND BY THE  COURT.  WHERE  THE
 OFFER  OF AN ADMISSION HAS LAPSED OR BEEN WITHDRAWN IN LIGHT OF NON-COM-
 PLIANCE BY THE PRESENTMENT AGENCY WITH THIS SUBDIVISION, THE  RESPONDENT
 MAY  MAKE  A  MOTION  ALLEGING  SUCH  NON-COMPLIANCE AND THE COURT SHALL
 CONSIDER THE IMPACT OF ANY NON-COMPLIANCE ON THE  RESPONDENT'S  DECISION
 TO  ACCEPT  OR REJECT THE OFFER OF AN ADMISSION. IF THE COURT FINDS THAT
 THE NON-COMPLIANCE MATERIALLY AFFECTED THE RESPONDENT'S DECISION AND  IF
 THE  PRESENTMENT  AGENCY  DECLINES  TO REINSTATE THE LAPSED OR WITHDRAWN
 PLEA OFFER, THE COURT, AS A PRESUMPTIVE MINIMUM SANCTION, SHALL PRECLUDE
 THE ADMISSION AT TRIAL OF ANY EVIDENCE NOT DISCLOSED AS  REQUIRED  UNDER
 THIS  SUBDIVISION.    THE  COURT  MAY  TAKE OTHER ADDITIONAL APPROPRIATE
 ACTION AS NECESSARY TO ADDRESS THE NON-COMPLIANCE.
   3. EXCEPTION. THE RIGHTS UNDER THIS SUBDIVISION DO NOT APPLY TO  ITEMS
 OR  INFORMATION THAT ARE THE SUBJECT OF A PROTECTIVE ORDER UNDER SECTION
 331.11 OF THIS PART; BUT IF SUCH INFORMATION TENDS  TO  BE  EXCULPATORY,
 THE COURT SHALL RECONSIDER THE PROTECTIVE ORDER.
   4.  WAIVER. A RESPONDENT MAY PROVIDE A VOLUNTARY, KNOWING AND INTELLI-
 GENT WAIVER IN THE PRESENCE OF HIS OR HER COUNSEL OF HIS OR  HER  RIGHTS
 UNDER  THIS SECTION; BUT AN OFFER OF AN ADMISSION MAY NOT BE CONDITIONED
 ON SUCH WAIVER.
   § 331.5. COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY. 1.  ORDER
 TO PRESERVE EVIDENCE. AT ANY TIME, A PARTY MAY MOVE FOR A COURT ORDER TO
 ANY INDIVIDUAL, AGENCY OR OTHER ENTITY IN POSSESSION, CUSTODY OR CONTROL
 S. 4554--A                         10
 
 OF ITEMS WHICH RELATE TO THE SUBJECT MATTER OF THE CASE OR ARE OTHERWISE
 RELEVANT, REQUIRING THAT SUCH ITEMS BE PRESERVED FOR A SPECIFIED  PERIOD
 OF TIME.  THE COURT SHALL HEAR AND RULE UPON SUCH MOTIONS EXPEDITIOUSLY.
 THE COURT MAY MODIFY OR VACATE SUCH AN ORDER UPON A SHOWING THAT PRESER-
 VATION  OF  PARTICULAR EVIDENCE WILL CREATE SIGNIFICANT HARDSHIP TO SUCH
 INDIVIDUAL, AGENCY OR ENTITY, ON CONDITION THAT THE PROBATIVE  VALUE  OF
 THAT EVIDENCE IS PRESERVED BY A SPECIFIED ALTERNATIVE MEANS.
   2.  ORDER TO GRANT ACCESS TO PREMISES. AT ANY TIME, THE RESPONDENT MAY
 MOVE FOR A COURT ORDER TO ANY INDIVIDUAL,  AGENCY  OR  OTHER  ENTITY  IN
 POSSESSION,  CUSTODY  OR CONTROL OF A CRIME SCENE OR OTHER PREMISES THAT
 RELATES TO THE SUBJECT MATTER OF THE  CASE  OR  IS  OTHERWISE  RELEVANT,
 REQUIRING  THAT COUNSEL FOR THE RESPONDENT BE GRANTED PROMPT AND REASON-
 ABLE ACCESS TO INSPECT, PHOTOGRAPH OR MEASURE SUCH CRIME SCENE OR  PREM-
 ISES,  AND  THAT  THE  CONDITION  OF  THE CRIME SCENE OR PREMISES REMAIN
 UNCHANGED IN THE INTERIM. THE  COURT  SHALL  CONSIDER  THE  RESPONDENT'S
 EXPRESSED  NEED  FOR  ACCESS TO THE PREMISES INCLUDING THE RISK THAT THE
 RESPONDENT WILL BE DEPRIVED OF EVIDENCE OR INFORMATION RELEVANT  TO  THE
 CASE, THE POSITION OF ANY INDIVIDUAL OR ENTITY WITH POSSESSORY OR OWNER-
 SHIP  RIGHTS TO THE PREMISES, THE NATURE OF THE PRIVACY INTEREST AND ANY
 PERCEIVED OR ACTUAL HARDSHIP OF THE INDIVIDUAL OR ENTITY WITH POSSESSORY
 OR OWNERSHIP RIGHTS, AND THE POSITION OF  THE  PRESENTMENT  AGENCY  WITH
 RESPECT  TO  ANY  APPLICATION  FOR ACCESS TO THE PREMISES. THE COURT MAY
 DENY ACCESS TO THE PREMISES WHEN THE PROBATIVE VALUE OF ACCESS  TO  SUCH
 LOCATION  HAS  BEEN OR WILL BE PRESERVED BY SPECIFIED ALTERNATIVE MEANS.
 IF THE COURT GRANTS ACCESS TO THE PREMISES,  THE  INDIVIDUAL  OR  ENTITY
 WITH  OWNERSHIP  OR  POSSESSORY  RIGHTS  TO THE PREMISES MAY REQUEST LAW
 ENFORCEMENT PRESENCE AT THE PREMISES WHILE THE RESPONDENT'S COUNSEL OR A
 REPRESENTATIVE THEREOF IS PRESENT.
   3. DISCRETIONARY DISCOVERY BY ORDER OF THE COURT.  THE  COURT  IN  ITS
 DISCRETION  MAY,  UPON  A  SHOWING BY THE RESPONDENT THAT THE REQUEST IS
 REASONABLE AND THAT THE RESPONDENT IS UNABLE WITHOUT UNDUE  HARDSHIP  TO
 OBTAIN  THE SUBSTANTIAL EQUIVALENT BY OTHER MEANS, ORDER THE PRESENTMENT
 AGENCY, OR ANY INDIVIDUAL, AGENCY OR OTHER ENTITY SUBJECT TO THE  JURIS-
 DICTION OF THE COURT, TO MAKE AVAILABLE FOR DISCLOSURE TO THE RESPONDENT
 ANY  MATERIAL  OR  INFORMATION  WHICH POTENTIALLY RELATES TO THE SUBJECT
 MATTER OF THE CASE AND IS REASONABLY LIKELY TO BE MATERIAL.
   4. PROCEDURE. A MOTION UNDER THIS SECTION SHALL BE ON  NOTICE  TO  ANY
 INDIVIDUAL, AGENCY OR ENTITY AFFECTED BY THE ORDER. A MOTION MAY BE MADE
 ORALLY ON THE RECORD SO LONG AS SUCH NOTICE IS PROVIDED.  THE COURT MAY,
 ON  ITS OWN OR UPON REQUEST OF ANY INDIVIDUAL, AGENCY OR ENTITY AFFECTED
 BY THE ORDER, MODIFY OR VACATE THE ORDER IF COMPLIANCE WOULD  BE  UNREA-
 SONABLE  OR  WILL CREATE SIGNIFICANT HARDSHIP TO SUCH INDIVIDUAL, AGENCY
 OR ENTITY. FOR GOOD CAUSE SHOWN, THE COURT MAY PERMIT A PARTY SEEKING OR
 OPPOSING A DISCRETIONARY ORDER OF DISCOVERY UNDER THIS  SUBDIVISION,  OR
 ANOTHER  AFFECTED INDIVIDUAL, AGENCY OR ENTITY, TO SUBMIT PAPERS OR, FOR
 GOOD CAUSE SHOWN, TESTIFY ON THE RECORD EX PARTE OR IN CAMERA.  FOR GOOD
 CAUSE SHOWN, ANY SUCH PAPERS AND A TRANSCRIPT OF SUCH TESTIMONY  MAY  BE
 SEALED AND SHALL CONSTITUTE A PART OF THE RECORD ON APPEAL.
   §  331.6.  COURT  ORDERED PROCEDURES TO FACILITATE COMPLIANCE; CERTIF-
 ICATES OF COMPLIANCE. 1.  DISCRETION OF COURTS. TO FACILITATE COMPLIANCE
 WITH THIS PART, AND TO REDUCE OR STREAMLINE LITIGATION OF  ANY  DISPUTES
 ABOUT DISCOVERY, THE COURT IN ITS DISCRETION MAY ISSUE AN ORDER:
   (A) REQUIRING THAT THE PRESENTMENT AGENCY AND COUNSEL FOR THE RESPOND-
 ENT  DILIGENTLY  CONFER  TO  ATTEMPT TO REACH AN ACCOMMODATION AS TO ANY
 DISPUTE CONCERNING DISCOVERY PRIOR TO SEEKING A RULING FROM THE COURT;
 S. 4554--A                         11
 
   (B) REQUIRING A DISCOVERY COMPLIANCE CONFERENCE AT  A  SPECIFIED  TIME
 PRIOR  TO THE FACT-FINDING HEARING BETWEEN THE PRESENTMENT AGENCY, COUN-
 SEL FOR ALL RESPONDENTS, AND THE COURT OR ITS STAFF;
   (C)  REQUIRING THE PRESENTMENT AGENCY TO FILE A CERTIFICATE OF COMPLI-
 ANCE THAT STATES THAT THE PRESENTMENT AGENCY AND/OR AN APPROPRIATE NAMED
 AGENT HAS MADE REASONABLE INQUIRIES OF ALL  POLICE  OFFICERS  AND  OTHER
 PERSONS  WHO  HAVE  PARTICIPATED IN INVESTIGATING OR EVALUATING THE CASE
 ABOUT THE EXISTENCE OF ANY  FAVORABLE  EVIDENCE  OR  INFORMATION  WITHIN
 PARAGRAPH  (K) OF SUBDIVISION ONE OF SECTION 331.3 OF THIS PART, INCLUD-
 ING SUCH EVIDENCE OR INFORMATION THAT WAS  NOT  REDUCED  TO  WRITING  OR
 OTHERWISE  MEMORIALIZED  OR PRESERVED AS EVIDENCE, AND HAS DISCLOSED ANY
 SUCH INFORMATION TO THE RESPONDENT; AND/OR
   (D) REQUIRING OTHER MEASURES OR PROCEEDINGS  DESIGNED  TO  CARRY  INTO
 EFFECT THE GOALS OF THIS PART.
   2.  CERTIFICATES  OF  COMPLIANCE.  (A) WHEN THE PRESENTMENT AGENCY HAS
 PROVIDED THE DISCOVERY REQUIRED BY SUBDIVISION ONE OF SECTION  331.3  OF
 THIS  PART,  EXCEPT FOR ANY ITEMS OR INFORMATION THAT ARE THE SUBJECT OF
 AN ORDER PURSUANT TO SECTION 331.11 OF THIS PART, IT  SHALL  SERVE  UPON
 THE  RESPONDENT AND FILE WITH THE COURT A CERTIFICATE OF COMPLIANCE. THE
 CERTIFICATE OF COMPLIANCE SHALL STATE THAT, AFTER EXERCISING  DUE  DILI-
 GENCE  AND  MAKING  REASONABLE  INQUIRIES  TO ASCERTAIN THE EXISTENCE OF
 MATERIAL AND INFORMATION SUBJECT TO DISCOVERY,  THE  PRESENTMENT  AGENCY
 HAS  DISCLOSED  AND  MADE  AVAILABLE  ALL KNOWN MATERIAL AND INFORMATION
 SUBJECT TO DISCOVERY. IT SHALL ALSO  IDENTIFY  THE  ITEMS  PROVIDED.  IF
 ADDITIONAL  DISCOVERY IS SUBSEQUENTLY PROVIDED PRIOR TO THE FACT-FINDING
 HEARING PURSUANT TO SECTION 331.9 OF THIS PART, A  SUPPLEMENTAL  CERTIF-
 ICATE SHALL BE SERVED UPON THE RESPONDENT AND FILED WITH THE COURT IDEN-
 TIFYING  THE  ADDITIONAL  MATERIAL AND INFORMATION PROVIDED.  NO ADVERSE
 CONSEQUENCE TO THE PRESENTMENT AGENCY OR  THE  PROSECUTOR  SHALL  RESULT
 FROM  THE  FILING  OF A CERTIFICATE OF COMPLIANCE IN GOOD FAITH; BUT THE
 COURT MAY GRANT A REMEDY  OR  SANCTION  FOR  A  DISCOVERY  VIOLATION  AS
 PROVIDED IN SECTION 331.12 OF THIS PART.
   (B)  WHEN THE RESPONDENT HAS PROVIDED ALL DISCOVERY REQUIRED BY SUBDI-
 VISION FOUR OF SECTION 331.3 OF THIS  PART,  EXCEPT  FOR  ANY  ITEMS  OR
 INFORMATION  THAT ARE THE SUBJECT OF AN ORDER PURSUANT TO SECTION 331.11
 OF THIS PART, COUNSEL FOR THE RESPONDENT SHALL SERVE UPON  THE  PRESENT-
 MENT  AGENCY  AND  FILE  WITH THE COURT A CERTIFICATE OF COMPLIANCE. THE
 CERTIFICATE SHALL STATE THAT, AFTER EXERCISING DUE DILIGENCE AND  MAKING
 REASONABLE INQUIRIES TO ASCERTAIN THE EXISTENCE OF MATERIAL AND INFORMA-
 TION  SUBJECT TO DISCOVERY, COUNSEL FOR THE RESPONDENT HAS DISCLOSED AND
 MADE AVAILABLE ALL KNOWN MATERIAL AND INFORMATION SUBJECT TO  DISCOVERY.
 IT  SHALL  ALSO  IDENTIFY THE ITEMS PROVIDED. IF ADDITIONAL DISCOVERY IS
 SUBSEQUENTLY PROVIDED PRIOR TO TRIAL PURSUANT TO SECTION 331.9  OF  THIS
 PART,  A  SUPPLEMENTAL  CERTIFICATE SHALL BE SERVED UPON THE PRESENTMENT
 AGENCY AND FILED WITH THE COURT IDENTIFYING THE ADDITIONAL MATERIAL  AND
 INFORMATION  PROVIDED. NO ADVERSE CONSEQUENCE TO THE RESPONDENT OR COUN-
 SEL FOR THE RESPONDENT SHALL RESULT FROM THE FILING OF A CERTIFICATE  OF
 COMPLIANCE  IN  GOOD FAITH; BUT THE COURT MAY GRANT A REMEDY OR SANCTION
 FOR A DISCOVERY VIOLATION AS PROVIDED IN SECTION 331.12 OF THIS PART.
   § 331.7. NON-TESTIMONIAL EVIDENCE FROM THE RESPONDENT; DNA  COMPARISON
 ORDER.  1. AVAILABILITY.   AFTER THE FILING OF THE PETITION, AND SUBJECT
 TO CONSTITUTIONAL  LIMITATIONS,  THE  COURT  MAY,  UPON  MOTION  OF  THE
 PRESENTMENT  AGENCY SHOWING PROBABLE CAUSE TO BELIEVE THE RESPONDENT HAS
 COMMITTED THE ACT THAT IF COMMITTED  BY  AN  ADULT  WOULD  CONSTITUTE  A
 CRIME, A CLEAR INDICATION THAT RELEVANT MATERIAL EVIDENCE WILL BE FOUND,
 S. 4554--A                         12
 
 AND  THAT  THE METHOD USED TO SECURE SUCH EVIDENCE IS SAFE AND RELIABLE,
 REQUIRE A RESPONDENT TO PROVIDE NON-TESTIMONIAL EVIDENCE, INCLUDING TO:
   (A) APPEAR IN A LINEUP;
   (B) SPEAK FOR IDENTIFICATION BY A WITNESS OR POTENTIAL WITNESS;
   (C) BE FINGERPRINTED IF AUTHORIZED IN ACCORDANCE WITH SECTION 306.1 OF
 THIS ARTICLE;
   (D)  POSE  FOR  PHOTOGRAPHS  NOT  INVOLVING  REENACTMENT  OF AN EVENT,
 PROVIDED RESPONDENT IS SUBJECT  TO  PHOTOGRAPHING  PURSUANT  TO  SECTION
 306.1 OF THIS ARTICLE;
   (E)  PERMIT THE TAKING OF SAMPLES OF THE RESPONDENT'S BLOOD, HAIR, AND
 OTHER MATERIALS OF THE RESPONDENT'S BODY THAT INVOLVES  NO  UNREASONABLE
 INTRUSION THEREOF OR A RISK OF SERIOUS PHYSICAL INJURY THERETO;
   (F) PROVIDE SPECIMENS OF THE RESPONDENT'S HANDWRITING; AND
   (G)  SUBMIT  TO  A  REASONABLE  PHYSICAL  OR MEDICAL INSPECTION OF THE
 RESPONDENT'S BODY.
   2. LIMITATIONS. THIS SECTION SHALL NOT BE CONSTRUED TO ALTER OR IN ANY
 WAY AFFECT THE ISSUANCE OF A SIMILAR COURT ORDER, AS MAY  BE  AUTHORIZED
 BY  LAW,  BEFORE THE FILING OF THE PETITION, CONSISTENT WITH SUCH RIGHTS
 AS THE RESPONDENT MAY DERIVE FROM THIS ARTICLE, THE  STATE  CONSTITUTION
 OR  THE  UNITED STATES CONSTITUTION. THIS SECTION SHALL NOT BE CONSTRUED
 TO ALTER OR IN ANY WAY AFFECT THE  ADMINISTRATION  OF  A  CHEMICAL  TEST
 WHERE  OTHERWISE  AUTHORIZED.  AN  ORDER PURSUANT TO THIS SECTION MAY BE
 DENIED, LIMITED OR CONDITIONED AS PROVIDED IN  SECTION  331.11  OF  THIS
 PART.
   3.  DNA  COMPARISON  ORDER. WHERE PROPERTY IN THE PRESENTMENT AGENCY'S
 POSSESSION, CUSTODY, OR CONTROL CONSISTS OF A DNA PROFILE OBTAINED  FROM
 PROBATIVE  BIOLOGICAL  MATERIAL GATHERED IN CONNECTION WITH THE INVESTI-
 GATION OF THE CRIME, AND THE RESPONDENT  ESTABLISHES:    (A)  THAT  SUCH
 PROFILE  COMPLIES WITH FEDERAL BUREAU OF INVESTIGATION OR STATE REQUIRE-
 MENTS, WHICHEVER ARE APPLICABLE AND AS SUCH REQUIREMENTS ARE APPLIED  TO
 LAW  ENFORCEMENT  AGENCIES  SEEKING A KEYBOARD SEARCH OR SIMILAR COMPAR-
 ISON, AND (B) THAT THE DATA MEETS STATE DNA INDEX SYSTEM OR NATIONAL DNA
 INDEX SYSTEM CRITERIA AS SUCH CRITERIA ARE APPLIED  TO  LAW  ENFORCEMENT
 AGENCIES SEEKING SUCH A KEYBOARD SEARCH OR SIMILAR COMPARISON, THE COURT
 MAY,  UPON  MOTION  OF  A RESPONDENT AGAINST WHOM A PETITION IS PENDING,
 ORDER AN ENTITY THAT HAS ACCESS TO THE COMBINED DNA INDEX SYSTEM OR  ITS
 SUCCESSOR  SYSTEM  TO  COMPARE SUCH DNA PROFILE AGAINST DNA DATABANKS BY
 KEYBOARD SEARCHES, OR A SIMILAR METHOD THAT DOES NOT INVOLVE  UPLOADING,
 UPON  NOTICE  TO  BOTH  PARTIES  AND  THE ENTITY REQUIRED TO PERFORM THE
 SEARCH, UPON A SHOWING BY THE RESPONDENT THAT SUCH A COMPARISON IS MATE-
 RIAL TO THE PRESENTATION OF HIS OR HER DEFENSE AND THAT THE  REQUEST  IS
 REASONABLE. FOR PURPOSES OF THIS SECTION, A "KEYBOARD SEARCH" SHALL MEAN
 A SEARCH OF A DNA PROFILE AGAINST THE DATABANK IN WHICH THE PROFILE THAT
 IS SEARCHED IS NOT UPLOADED TO OR MAINTAINED IN THE DATABANK. NOTHING IN
 THIS SECTION AUTHORIZES THE TAKING OF A DNA PROFILE FROM THE RESPONDENT,
 WHETHER  TAKEN  FROM  THEIR  PERSON  OR  OTHERWISE,  UNLESS SPECIFICALLY
 AUTHORIZED BY LAW.
   § 331.8. FLOW OF INFORMATION. 1. SUFFICIENT COMMUNICATION FOR  COMPLI-
 ANCE.  THE  PRESENTMENT  AGENCY  SHALL ENDEAVOR TO ENSURE THAT A FLOW OF
 INFORMATION IS  MAINTAINED  WITH  THE  POLICE  AND  OTHER  INVESTIGATIVE
 PERSONNEL  AND  SUFFICIENT  TO  PLACE  WITHIN  THE  PRESENTMENT AGENCY'S
 POSSESSION OR CONTROL ALL MATERIAL  AND  INFORMATION  PERTINENT  TO  THE
 RESPONDENT  AND  THE  OFFENSE  OR  OFFENSES  CHARGED, INCLUDING, BUT NOT
 LIMITED TO, ANY EVIDENCE OR INFORMATION DISCOVERABLE UNDER PARAGRAPH (K)
 OF SUBDIVISION ONE OF SECTION 331.3 OF THIS PART.
 S. 4554--A                         13
 
   2. PROVISION OF LAW ENFORCEMENT AGENCY FILES. ABSENT A COURT ORDER  OR
 A  REQUIREMENT THAT THE RESPONDENT'S COUNSEL OBTAIN A SECURITY CLEARANCE
 MANDATED BY LAW OR AUTHORIZED GOVERNMENT REGULATION, UPON REQUEST BY THE
 PRESENTMENT AGENCY, EACH NEW YORK STATE AND LOCAL LAW ENFORCEMENT AGENCY
 SHALL  MAKE  AVAILABLE  TO THE PRESENTMENT AGENCY A COMPLETE COPY OF ITS
 COMPLETE RECORDS AND FILES RELATED TO THE INVESTIGATION OF THE  CASE  OR
 RELATED TO THE PRESENTMENT AGENCY REGARDING COMPLIANCE WITH THIS PART.
   3.  911  TELEPHONE  CALL  AND  POLICE  RADIO  TRANSMISSION  ELECTRONIC
 RECORDINGS,  POLICE-WORN  BODY  CAMERA  RECORDINGS  AND   OTHER   POLICE
 RECORDINGS. (A) WHENEVER AN ELECTRONIC RECORDING OF A 911 TELEPHONE CALL
 OR  A POLICE RADIO TRANSMISSION OR VIDEO OR AUDIO FOOTAGE FROM A POLICE-
 WORN BODY CAMERA OR OTHER POLICE  RECORDING  WAS  MADE  OR  RECEIVED  IN
 CONNECTION  WITH THE INVESTIGATION OF AN APPARENT CRIMINAL INCIDENT, THE
 ARRESTING OFFICER OR  LEAD  DETECTIVE  SHALL  EXPEDITIOUSLY  NOTIFY  THE
 PRESENTMENT  AGENCY  IN  WRITING  UPON THE FILING OF THE PETITION OF THE
 EXISTENCE OF ALL SUCH KNOWN RECORDINGS.  THE  PRESENTMENT  AGENCY  SHALL
 EXPEDITIOUSLY  TAKE  WHATEVER  REASONABLE  STEPS ARE NECESSARY TO ENSURE
 THAT ALL KNOWN ELECTRONIC RECORDINGS  OF  911  TELEPHONE  CALLS,  POLICE
 RADIO  TRANSMISSIONS  AND  VIDEO  AND  AUDIO  FOOTAGE  AND  OTHER POLICE
 RECORDINGS MADE OR AVAILABLE IN CONNECTION WITH THE CASE ARE  PRESERVED.
 UPON THE RESPONDENT'S TIMELY REQUEST AND DESIGNATION OF A SPECIFIC ELEC-
 TRONIC  RECORDING  OF A 911 TELEPHONE CALL, THE PRESENTMENT AGENCY SHALL
 ALSO EXPEDITIOUSLY TAKE  WHATEVER  REASONABLE  STEPS  ARE  NECESSARY  TO
 ENSURE THAT IT IS PRESERVED.
   (B)  IF  THE  PRESENTMENT  AGENCY FAILS TO DISCLOSE SUCH AN ELECTRONIC
 RECORDING TO THE RESPONDENT PURSUANT TO PARAGRAPH (E),  (G)  OR  (K)  OF
 SUBDIVISION ONE OF SECTION 331.3 OF THIS PART DUE TO A FAILURE TO COMPLY
 WITH  THIS  OBLIGATION  BY  POLICE  OFFICERS OR OTHER LAW ENFORCEMENT OR
 PROSECUTION PERSONNEL, THE COURT UPON MOTION  OF  THE  RESPONDENT  SHALL
 IMPOSE  AN  APPROPRIATE REMEDY OR SANCTION PURSUANT TO SECTION 331.12 OF
 THIS PART.
   § 331.9. CONTINUING DUTY TO DISCLOSE. IF EITHER THE PRESENTMENT AGENCY
 OR THE RESPONDENT SUBSEQUENTLY LEARNS OF ADDITIONAL MATERIAL OR INFORMA-
 TION WHICH IT WOULD HAVE BEEN UNDER A DUTY TO DISCLOSE PURSUANT  TO  ANY
 PROVISIONS  OF  THIS  PART  HAD IT KNOWN OF IT AT THE TIME OF A PREVIOUS
 DISCOVERY OBLIGATION OR DISCOVERY ORDER, IT SHALL  EXPEDITIOUSLY  NOTIFY
 THE  OTHER PARTY AND DISCLOSE THE ADDITIONAL MATERIAL AND INFORMATION AS
 REQUIRED FOR AUTOMATIC DISCOVERY UNDER  THIS  PART.  THIS  SECTION  ALSO
 REQUIRES EXPEDITIOUS DISCLOSURE BY THE PRESENTMENT AGENCY OF MATERIAL OR
 INFORMATION  THAT  BECAME  RELEVANT TO THE CASE OR DISCOVERABLE BASED ON
 RECIPROCAL DISCOVERY RECEIVED FROM THE RESPONDENT PURSUANT  TO  SUBDIVI-
 SION FOUR OF SECTION 331.3 OF THIS PART.
   §  331.10.  WORK  PRODUCT. THIS PART DOES NOT AUTHORIZE DISCOVERY BY A
 PARTY OF THOSE PORTIONS OF RECORDS, REPORTS, CORRESPONDENCE,  MEMORANDA,
 OR  INTERNAL  DOCUMENTS  OF  THE  ADVERSE PARTY WHICH ARE ONLY THE LEGAL
 RESEARCH, OPINIONS, THEORIES OR CONCLUSIONS OF THE ADVERSE PARTY OR  ITS
 ATTORNEY  OR  THE  ATTORNEY'S  AGENTS, OR OF STATEMENTS OF A RESPONDENT,
 WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING OR RECORDING,  MADE  TO
 THE ATTORNEY FOR THE RESPONDENT OR THE ATTORNEY'S AGENTS.
   §  331.11.  PROTECTIVE  ORDERS. 1. ANY DISCOVERY SUBJECT TO PROTECTIVE
 ORDER. UPON A SHOWING OF GOOD CAUSE BY EITHER PARTY, THE  COURT  MAY  AT
 ANY  TIME  ORDER THAT DISCOVERY OR INSPECTION OF ANY KIND OF MATERIAL OR
 INFORMATION UNDER  THIS  PART  BE  DENIED,  RESTRICTED,  CONDITIONED  OR
 DEFERRED,  OR  MAKE  SUCH  OTHER  ORDER AS IS APPROPRIATE. THE COURT MAY
 IMPOSE AS A CONDITION ON DISCOVERY TO A RESPONDENT THAT THE MATERIAL  OR
 INFORMATION  TO  BE  DISCOVERED  BE  AVAILABLE  ONLY  TO COUNSEL FOR THE
 S. 4554--A                         14
 
 RESPONDENT; OR, ALTERNATIVELY, THAT  COUNSEL  FOR  THE  RESPONDENT,  AND
 PERSONS  EMPLOYED BY THE ATTORNEY OR APPOINTED BY THE COURT TO ASSIST IN
 THE PREPARATION OF A RESPONDENT'S CASE, MAY NOT DISCLOSE PHYSICAL COPIES
 OF  THE  DISCOVERABLE  DOCUMENTS  TO  A  RESPONDENT  OR  TO ANYONE ELSE,
 PROVIDED THAT THE PRESENTMENT AGENCY AFFORDS THE  RESPONDENT  ACCESS  TO
 INSPECT  REDACTED  COPIES  OF THE DISCOVERABLE DOCUMENTS AT A SUPERVISED
 LOCATION THAT PROVIDES REGULAR AND REASONABLE  HOURS  FOR  SUCH  ACCESS,
 SUCH  AS  A  PRESENTMENT  AGENCY'S  OFFICE,  POLICE STATION, FACILITY OF
 DETENTION, OR COURT.  SHOULD THE COURT IMPOSE AS A CONDITION  THAT  SOME
 MATERIAL OR INFORMATION BE AVAILABLE ONLY TO COUNSEL FOR THE RESPONDENT,
 THE  COURT  SHALL  INFORM  THE  RESPONDENT ON THE RECORD THAT HIS OR HER
 ATTORNEY IS NOT PERMITTED BY LAW TO DISCLOSE SUCH MATERIAL  OR  INFORMA-
 TION TO THE RESPONDENT. THE COURT MAY PERMIT A PARTY SEEKING OR OPPOSING
 A  PROTECTIVE  ORDER  UNDER THIS SECTION, OR ANOTHER AFFECTED PERSON, TO
 SUBMIT PAPERS OR TESTIFY ON THE RECORD EX PARTE OR IN CAMERA.  ANY  SUCH
 PAPERS  AND  A  TRANSCRIPT  OF  SUCH  TESTIMONY  MAY BE SEALED AND SHALL
 CONSTITUTE A PART OF THE RECORD ON APPEAL. THIS SECTION DOES  NOT  ALTER
 THE  ALLOCATION  OF THE BURDEN OF PROOF WITH REGARD TO MATTERS AT ISSUE,
 INCLUDING PRIVILEGE.
   2. MODIFICATION OF TIME PERIODS FOR DISCOVERY. UPON MOTION OF A  PARTY
 IN  AN INDIVIDUAL CASE, THE COURT MAY ALTER THE TIME PERIODS FOR DISCOV-
 ERY IMPOSED BY THIS PART UPON A SHOWING OF GOOD CAUSE.
   3. PROMPT HEARING. UPON REQUEST FOR  A  PROTECTIVE  ORDER,  THE  COURT
 SHALL  CONDUCT  AN  APPROPRIATE  HEARING  WITHIN  THREE BUSINESS DAYS TO
 DETERMINE WHETHER GOOD CAUSE HAS BEEN SHOWN AND WHEN  PRACTICABLE  SHALL
 RENDER  DECISION EXPEDITIOUSLY. ANY MATERIALS SUBMITTED AND A TRANSCRIPT
 OF THE PROCEEDING MAY BE SEALED AND  SHALL  CONSTITUTE  A  PART  OF  THE
 RECORD ON APPEAL.
   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, INCLUDING THE PROTECTION OF THE CONFIDENTIALI-
 TY OF INFORMANTS, AND THE NATURE, SEVERITY AND LIKELIHOOD OF THAT  RISK;
 THE  NATURE  AND  CIRCUMSTANCES  OF THE FACTUAL ALLEGATIONS IN THE CASE;
 WHETHER THE RESPONDENT HAS A HISTORY OF WITNESS INTIMIDATION OR  TAMPER-
 ING  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  INFORMA-
 TION;  DANGER TO ANY PERSON STEMMING FROM FACTORS SUCH AS A RESPONDENT'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 USEFULNESS OF THE DISCOVERY.
   5. SUCCESSOR COUNSEL. IN CASES IN WHICH THE ATTORNEY-CLIENT  RELATION-
 SHIP IS TERMINATED PRIOR TO TRIAL FOR ANY REASON, ANY MATERIAL OR INFOR-
 MATION  DISCLOSED  SUBJECT  TO  A CONDITION THAT IT BE AVAILABLE ONLY TO
 COUNSEL FOR THE RESPONDENT, OR LIMITED IN  DISSEMINATION  BY  PROTECTIVE
 ORDER  OR OTHERWISE, SHALL BE PROVIDED ONLY TO SUCCESSOR COUNSEL FOR THE
 RESPONDENT UNDER THE SAME CONDITION OR CONDITIONS OR BE RETURNED TO  THE
 PRESENTMENT  AGENCY,  UNLESS  THE  COURT  RULES OTHERWISE FOR GOOD CAUSE
 SHOWN OR THE PRESENTMENT AGENCY GIVES WRITTEN CONSENT. ANY WORK  PRODUCT
 DERIVED  FROM  SUCH MATERIAL OR INFORMATION SHALL NOT BE PROVIDED TO THE
 RESPONDENT, UNLESS THE COURT RULES OTHERWISE OR THE  PRESENTMENT  AGENCY
 S. 4554--A                         15
 
 GIVES  WRITTEN  CONSENT; PROVIDED, HOWEVER, ANY SUCH WORK PRODUCT MAY BE
 PROVIDED TO THE SUCCESSOR COUNSEL.
   6. COMPLIANCE WITH PROTECTIVE ORDER. ANY PROTECTIVE ORDER ISSUED UNDER
 THIS PART IS A MANDATE OF THE COURT FOR PURPOSES OF THE OFFENSE OF CRIM-
 INAL CONTEMPT IN SUBDIVISION THREE OF SECTION 215.50 OF THE PENAL LAW.
   § 331.12. REMEDIES OR SANCTIONS FOR NON-COMPLIANCE. 1. NEED FOR REMEDY
 OR SANCTION. (A) WHEN MATERIAL OR INFORMATION IS DISCOVERABLE UNDER THIS
 PART  BUT  IS DISCLOSED BELATEDLY, THE COURT SHALL IMPOSE AN APPROPRIATE
 REMEDY OR SANCTION IF THE PARTY ENTITLED TO DISCLOSURE SHOWS THAT IT WAS
 PREJUDICED. REGARDLESS OF A SHOWING OF PREJUDICE THE PARTY  ENTITLED  TO
 DISCLOSURE  SHALL BE GIVEN REASONABLE TIME TO PREPARE AND RESPOND TO THE
 NEW MATERIAL.
   (B) WHEN MATERIAL OR INFORMATION IS DISCOVERABLE UNDER THIS  PART  BUT
 CANNOT  BE  DISCLOSED  BECAUSE  IT HAS BEEN LOST OR DESTROYED, THE COURT
 SHALL IMPOSE AN APPROPRIATE REMEDY OR SANCTION IF THE PARTY ENTITLED  TO
 DISCLOSURE  SHOWS THAT THE LOST OR DESTROYED MATERIAL MAY HAVE CONTAINED
 SOME INFORMATION RELEVANT TO A CONTESTED ISSUE. THE  APPROPRIATE  REMEDY
 OR  SANCTION  IS  THAT  WHICH  IS PROPORTIONATE TO THE POTENTIAL WAYS IN
 WHICH THE LOST OR DESTROYED MATERIAL REASONABLY COULD HAVE BEEN  HELPFUL
 TO THE PARTY ENTITLED TO DISCLOSURE.
   2.  AVAILABLE  REMEDIES  OR  SANCTIONS. FOR FAILURE TO COMPLY WITH ANY
 DISCOVERY ORDER IMPOSED OR ISSUED PURSUANT TO THIS PART, THE  COURT  MAY
 MAKE  A  FURTHER  ORDER FOR DISCOVERY, GRANT A CONTINUANCE, ORDER THAT A
 HEARING BE REOPENED, ORDER THAT A WITNESS BE CALLED OR RECALLED, DRAW AN
 ADVERSE INFERENCE REGARDING THE NON-COMPLIANCE,  PRECLUDE  OR  STRIKE  A
 WITNESS'S  TESTIMONY  OR  A  PORTION  OF A WITNESS'S TESTIMONY, ADMIT OR
 EXCLUDE EVIDENCE, ORDER A MISTRIAL, ORDER THE DISMISSAL OF ALL  OR  SOME
 OF  THE  CHARGES,  OR  MAKE  SUCH OTHER ORDER AS IT DEEMS JUST UNDER THE
 CIRCUMSTANCES; EXCEPT THAT ANY SANCTION  AGAINST  THE  RESPONDENT  SHALL
 COMPORT WITH THE RESPONDENT'S CONSTITUTIONAL RIGHT TO PRESENT A DEFENSE,
 AND  PRECLUDING  A  WITNESS  FROM TESTIFYING ON BEHALF OF THE RESPONDENT
 SHALL BE PERMISSIBLE ONLY UPON A FINDING THAT THE  RESPONDENT'S  FAILURE
 TO  COMPLY  WITH THE DISCOVERY OBLIGATION OR ORDER WAS WILLFUL AND MOTI-
 VATED BY A DESIRE TO OBTAIN A TACTICAL ADVANTAGE.
   3. CONSEQUENCES OF NON-DISCLOSURE OF STATEMENT OF  WITNESS  TESTIFYING
 FOR  THE  PRESENTMENT  AGENCY.  THE FAILURE OF THE PRESENTMENT AGENCY TO
 DISCLOSE ANY WRITTEN OR RECORDED STATEMENT MADE BY A WITNESS  TESTIFYING
 ON  THE  AGENCY'S  BEHALF,  WHICH  RELATES  TO THE SUBJECT MATTER OF THE
 WITNESS'S TESTIMONY, SHALL NOT CONSTITUTE GROUNDS FOR ANY COURT TO ORDER
 A NEW PRE-TRIAL HEARING OR SET ASIDE AN ADJUDICATION, OR REVERSE, MODIFY
 OR VACATE AN ADJUDICATION, IN THE ABSENCE OF A SHOWING BY THE RESPONDENT
 THAT THERE IS A REASONABLE POSSIBILITY  THAT  THE  NON-DISCLOSURE  MATE-
 RIALLY  CONTRIBUTED  TO  THE  RESULT  OF  THE TRIAL OR OTHER PROCEEDING;
 PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL  AFFECT  OR  LIMIT
 ANY  RIGHT  THE RESPONDENT MAY HAVE TO A REOPENED PRE-TRIAL HEARING WHEN
 SUCH STATEMENTS WERE DISCLOSED BEFORE THE CLOSE OF EVIDENCE AT THE FACT-
 FINDING HEARING.
   § 331.13. ADMISSIBILITY OF DISCOVERY. THE FACT THAT A PARTY HAS  INDI-
 CATED  DURING  THE  DISCOVERY  PROCESS  AN  INTENTION TO OFFER SPECIFIED
 EVIDENCE OR TO CALL A SPECIFIED WITNESS IS NOT ADMISSIBLE IN EVIDENCE OR
 GROUNDS FOR ADVERSE COMMENT AT A PRE-TRIAL OR FACT-FINDING HEARING.
   § 3. Subdivision 2 of section 325 of the judiciary law,  as  added  by
 chapter 920 of the laws of 1982, is amended to read as follows:
   2.  Where an application follows a demand to produce any transcript of
 testimony at a grand jury proceeding pursuant to paragraph (b) of subdi-
 vision [two] ONE of section [331.2 or paragraph (a) of  subdivision  one
 S. 4554--A                         16

 of  section  331.4] 331.3 of the family court act the presentment agency
 and respondent shall be given notice of such application and an opportu-
 nity to be heard.
   §  4. Subdivision 5 of section 330.1 of the family court act, as added
 by chapter 398 of the laws of 1983, is amended to read as follows:
   5. Court ordered bill of particulars. Where a presentment  agency  has
 timely  served  a  written  refusal pursuant to subdivision four of this
 section and upon motion, made in writing, of a respondent, who has  made
 a  request  for  a  bill  of  particulars and whose request has not been
 complied with in whole or in part, the  court  must,  to  the  extent  a
 protective  order  is  not  warranted,  order  the presentment agency to
 comply with the request if it is satisfied that  the  items  of  factual
 information requested are authorized to be included in a bill of partic-
 ulars,  and  that such information is necessary to enable the respondent
 adequately to prepare or conduct his defense and,  if  the  request  was
 untimely,  a  finding  of  good cause for the delay. Where a presentment
 agency has not timely served a written refusal pursuant  to  subdivision
 four  of  this  section  the court must, unless it is satisfied that the
 presentment agency has shown good cause why such an order should not  be
 issued,  issue  an  order  requiring the presentment agency to comply or
 providing for any other order authorized by subdivision one  of  section
 [331.6] 331.12 OF THIS PART.
   § 5. This act shall take effect January 1, 2023.